희망퇴직에 관한 법적 쟁점과 과제 — 프랑스 2017년 노동법 개정내용을 중심으로 —

There is nothing realistically problematic for an employer to conduct voluntary retirement prior to dismissal for management. Therefore, it will not be legally acceptable to restrict or prohibit voluntary retirement to employers. However, by breaking the link between voluntary retirement and recommended resignation for employers who abuse voluntary retirement, it will be possible to prevent retirement against the will of workers in advance, and to promote a stable settlement of the retirement age of 60 guaranteed under the Elderly Employment Promotion Act. On the other hand, when reviewing French legislation or Korea's legislative proposals, voluntary retirement should be stipulated that it can only be implemented for an unspecified number of people after consultation with the representative of workers for management reasons. A meditation period should be given to allow withdrawal during the meditation period, but after the meditation period, the stability and trust of the transaction should be protected by preventing withdrawal even before the user expresses his or her intention to accept it. It should also include prohibiting illegal activities, such as giving disadvantages to their status for refusing to retire. Finally, the structure of the labor law should be divided into the Labor Standards Act, which protects workers' 'labor' and the Labor Contract Act, which protects workers' 'contract'. In addition to the Labor Standards Act, there is no difference between the reasons why Japan has enacted and implemented the Labor Contract Act and the large framework. Therefore, in the long run, it would be desirable to regulate voluntary retirement in the form of termination of agreement through a separate labor contract law from the viewpoint of contract protection.