고령화 사회에서의 노동법적 과제 - 정년제 및 고령자 고용과 관련하여 -

다국어 초록 (Multilingual Abstract)

Aging population become very important issue because the population of the middle/old age is rapidly increasing in Korea society. Especially, this article is focusing on the matter of aging labor force with regarding to the issue. Aging labor force is not imminent problem to Korea society at once. However, early retirement practices for labor flexibility are common in many Korean corporations. Furthermore, the employment rate of the middle/old age is seriously low in Korean labor market.<br/>
Facing with aging society, we need new employment policy regulating early retirement in practice and promoting employment of the middle/old age persons. To extend retirement age and to prohibit employee retirement system by law can be argued as solutions for early retirement practice. But we need to consider that retirement system in Korean companies is a kind of wage system based on a long-meritorious service in practice. Therefore it require to scrutinize general wage institution in labor law for improving employee retirement system.<br/>
And in aspect of promoting employment of the middle/old age person, there are the legal justification and effectiveness of the policy. The legal justification means that the policy can be justified if only it conform to the Constitution. In according to some factual report, the job security policy for the middle/old age employee in company is more effective than the re-employment policy for them. Therefore it seems to be in time to deliberate the policy prohibiting age discrimination in employment for the job security for the middle/old age employee.<br/>
Aging society is very serious social phenomenon leading to many problems of state economy. Now is time to resolve such problems resulting from the aging society in labor and employment field. The resolution should cover not only long term plans for the aging society in the future, but also short term plans for immediate labor issues at once.