노인인권보호에 관한 국제법적 논의 ― 유엔규약인권위원회의 일반논평을 중심으로 ―

Recently, Korea has experienced dramatic increase in the number of persons aged 65 years or over. The number of persons aged 65 years or over has reached 9.9% of the total population in 2007. Korea is expected to enter into post-aged society in phenomenal speed. There may be various terms to identity the persons aged 65 years or over in English language as well as in Korean language. The United Nations has chosen the term of ‘the older persons’ to indicate the persons aged 60 or over for statistical purposes. For now, the rights of older persons are not protected by international instruments in treaty form, unlike the rights of women, child, refugees, and persons with disabilities. It seems that the protection of the rights of older persons falls under the realm of the obligations of individual national states. However, it is not difficult to find relevant provisions to protect those rights in many treaties on human rights, because they are very much related with individual human rights stipulated in the Universal Declaration of Human Rights of 1948 and the two International Covenants of 1966. Among other things, the provisions on the prevention of discrimination and the right to social security are worthy of special attention with regard to the rights of older persons. In Korea, many legislations are promulgated to protect the rights of older persons in light of food, access to social amenities, housing, health care insurance, development, work, or others. It is quite coincidental that these legislative efforts have been made after Korea became a member state of the United Nations. It still remains to be seen whether Korean Government is closely following the guidance provided by the United Nations. What is evident now is that Korea facing the aged society and the post-aged society in a short time should approach socio-legal matters involving the older persons in comprehensive way and on long-term basis.