법정 퇴직급여의 사적 연금화 정책의 한계

Abstract

This research focuses on asking how properly functional the policy switching statutory retirement payment over to private pensionalization is, and asking the limitation of the policy in terms of old-age proper income security of laborers facing the transfer in Korea. This study consists of three sub-topics: “The Success and limitation of the policy enforcing public pensionalization switched over from statutory retirement payment in Specific Corporate Pensions System,” “Enforcement and failure of the public pensionalization policy switched over from statutory retirement payment within the National Pension System,” and “The Limitation of the private pensionalization policy switched over from statutory retirement payment.” The government switched the statutory retirement payment prescribed by the Labor Standards Act over to private pension insurance system via enactment and enforcement of “Labor Retirement Benefit Guarantee Act” on January 2005. The primary purpose of the switch is to correct the defects within the existing Employment Retirement Benefit Security, i.e. employers’ inability to pay as well as the possibility of recipients’ misusing the statutory retirement payment, and to reinforce retirement income security. By the way, the government lead Retirement Pension Insurance is compulsory for the insured to sign up, nevertheless it is private pension insurance. In this case, as the pension insurance companies are private businesses pursuing profit, there is not any arbitration possibility surpassing market economy principle(mechanism) when conflicts occur between insurance companies and the insured. Moreover, these private businesses have limitation to improve the insecure attribute of social wage. In order for the public pension insurance system to guarantee the proper old-age income, it is necessary that we should dramatically rearrange the insurance fee and insurance payment in terms of social insurance principle surpassing market economy principle. It is assumed, as we are afraid, that the ongoing private pensionalization policy contributes rather to private financing markets than to old-age proper income security.