임금피크제의 유효성 판단 기준

Abstract

The wage peak system inherently has an element of age discrimination in that it is a system to reduce wages from a specific age. The Supreme Court confirmed that the age discrimination regulation was a compulsory regulation, and presented the criteria for determining whether the wage peak system corresponds to age discrimination for the first time (Supreme Court Decision 2017Da292343 Decided May 26, 2022). In other words,ⅰ) Feasibility of the purpose of introducing the wage peak system, ⅱ) Degree of disadvantage suffered by the target workers, ⅲ) Whether to introduce measures subject to wage cuts and their appropriateness, ⅳ) Whether the financial resources reduced to the wage peak system were used for the original purpose of introducing the wage peak system, are presented as a comprehensive consideration factor. However, the wage peak system itself does not fall under age discrimination, but provides a criterion for judgment based on ‘reasonability’, leaving room for an exception to age discrimination. In addition, considering this judgment as a matter of the retirement age maintenance wage peak system, it is questionable whether the above criteria are applied to the retirement age extension wage peak system. This paper examines the type of wage peak system that extends the existing retirement age to the legal retirement age by implementing the legal retirement system, and examines that there is no reason to reject the Supreme Court's judgment criteria even if classified as an extended retirement age wage peak system.