연령평등과 정년제의 딜레마에 관한 법적 검토

In aged society, it is very essential for the elderly worker to continue working. Thus the mandatory retirement system faces a challenge which is an age discrimination. The age limit system is at odds with the principle of an age discrimination prohibition in theory so it may be argued that the mandatory retirement system should be removed. But that position could be reserved if the system and the regulations of an age discrimination prohibition have a function of the maintenance and promotion of the elderly’s employment. On this point, the article seeks to address of the issue how the mandatory retirement system keeps a balance with an age equality. Firstly, this article considers the age equality based on the solidarity between generation and the relation of coexistence. Secondly, It focuses particularly that the mandatory retirement system’s development should be achieved in direction of a guarantee of the right to work and a protection from the age discrimination.