고령자 고용촉진을 위한 법·제도 분석 및 개선방안 - 개정 연령차별금지법에 대한 법리분석을 중심으로 -

Before the amendment of Act, when an employer sets a retirement age, he/she just shall ‘endeavor’ to set it at 60 years of age or above. But the amended Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion(AADPEAEP) in 2013. 5. 22. ‘compel’ employer to set retirement age at 60 years of age or above(Article 19). The amended Act ‘force’ the employer and trade union formed by the majority of workers into the reorganization of wage system in workplace too. And the Minister of Employment and Labor shall provide counseling, advice and other necessary cooperation and support in regard of the personnel affairs, wages, etc., of the enterprise following the extension of the retirement age(Article 19-2). Mandatory retirement system is legal on the assumption that it secure workers' social rights and fundamental labor rights guaranteed by the Constitution and does not discriminate against employees based on age for effective management of the company, without a just reason. For extending the retirement age and promoting the employment of the ages, the current Paid as Service Period System needs to be changed more reasonably, for example a Neutral Pay System against Age and Service Period or the Wage Peak System, with improving the retirement system. And the Claim for Working Hour Reduction or the Phased Retirement System, the endeavor for looking to many ways of aged employment promotion could be investigated in the sense of labor flexibility.