노인복지법상의 제23조의 노동법적 해석론상의 문제점과 법적 개선방안

Abstract

The aged are guaranteed the opportunity to participate in social activities and engage in suitable work according to his ability(Welfare Act for the Aged Article 2, Paragraph 2). State or local governments seek to broaden the opportunities for community service activities of the aged and take measures for dissemination and the development of appropriate occupations to the elderly people, and should strive to provide the opportunity to work primarily for the elderly who have the ability to do his job(Article 23, paragraph 1). State or local governments may provide necessary support to related institutions such as the elderly community service agencies and elderly employment agencies for community service activities and employment activation of the elderly (paragraph 2). First, The aged in the regulations of current Welfare Act for the Aged article 2 paragraph 2, Article 23 paragraph 1, Article 24 etc., still is based on social existence like the marginalization of the elderly on our society, as the elderly who play a role of ancillary social role, and as dependent members who must be protected as the disadvantaged. So, the regulations of current Welfare Act for the Aged are not departing from nature that are based on still as welfare nature, passive or limited nature, mere participation in society rather than as an old age Income security positively. Elderly poverty situation in Korea is serious. So, The relevant provisions for job of the elderly in Welfare Act for the Aged should be turned to ensure the old age income security actively. Second, the Nature of current Welfare Act for the Aged article 23 is ambiguous because that provision suggests such means for community participation of the elderly as community service and job opportunities for the elderly . So, there are problems whether the elderly workers in participation are worker or not, and whether the Department of Health and Human Services(Korean elderly human resources development) is employer or not, but generally it may be acceptable. At least the legal improvement devices in order to resolve these ambiguous issues should be separated by regulations such as provision of simple ‘volunteer’ and provision of old age income security. There are many reasons for social participation of the aged motivated. Such various forms as “employment and social activities”, “employment”, “social activities” should be clarified and be regulated by various provisions. Regulations need to be separated by the volunteer nature of participation in society for the aged who have enough on old age income security, and employment activities for the age who do not. Korea in the era of population aging has a limitation on the welfare policy that treats the elderly as a weak person. Plans of supportive structure and maintenances of institution that can reanimate vitality of the healthy or motivated seniors in our society are very important to society that ageing is ongoing. When health and economic situation of the elderly has been weakened, our country needs to review and remake the social system or environment which helps to activate seniors` abilities and be able to become independent life through maintenance of seniors`participation structure. In this study, I will research the necessity of active support and suggest the improvement ways of legal system; not only focusing on living supports that treats unconditionally the elderly as weak person.