사회보장에 있어 노동의 증여와 순환- 노인일자리법의 개선방향을 중심으로 -

The Senior Employment Act was enacted in November 2024. While this marks the codification of the past 20 years of senior employment programs into an independent act, it still retains the character of past employment programs for economically vulnerable seniors funded through government budgets. The legal status of participants in senior employment programs is either volunteer or employee. Programs where participants are recognized as workers are subject to labor acts. That is, the programs themselves carry the nature of social security through labor, or labor through social security, and cash is provided as compensation for labor in the process. This paper examines the legal nature of such non-market labor. It proposes lifetime account and accumulated non-market labor labor points, rather than cash, as a medium to activate the gifting and circulation of this non-market labor. In conclusion, it suggests the gifting and circulation of labor within non-market labor as an alternative to market labor, which pursues profit and dependency subject to employer. The future envisioned by this paper is as follows. “From birth, A has a lifetime account created by the state. On special days (birthday, coming-of-age day, wedding day), the state deposits gift points into the account. As an adult, A accumulates points through non-market labor(domestic care, volunteering, military service, etc.), corresponding to the time and duration of such labor. These points in the lifetime account are not earned through profit but received as gifts . They cannot be bought or sold but can be offered as gifts for another person's labor. A provides a portion of their lifetime account points as a gift to an elderly neighbor B who cared for him for several days. B then uses the transferred points to cover their spouse's care, meals, daily necessities, and social insurance premiums.”