인구구조의 변화와 정년제의 헌법적 검토

The Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion stipulated a minimum mandatory retirement age of 60. However, the fundamental demographic structure has continued to change due to aging and low birth rates, leading the country toward a hyper-aged society. When sustained economic growth required a large pool of skilled labor and average life expectancy was short, the mandatory retirement system held a certain degree of rationality in Korean society. Today, however, criticism is mounting that the system no longer guarantees lifelong employment security. Also, criticism exists that the mandatory retirement floor of 60 is an inadequate standard for guaranteeing older workers' right to work and survival today. The mandatory retirement system guarantees employment until the retirement age but allows the employment relationship to terminate automatically upon reaching a certain age, irrespective of the individual worker's will or ability, thus raising the potential for age discrimination. The mandatory retirement system is not entirely devoid of normative justification in the international community. However, its legitimacy is subject to continuous scrutiny across various nations. The mandatory retirement system must ensure the function of employment maintenance until the minimum retirement age is reached, and the retirement age must effectively function as a retirement age. Since the existence of the mandatory retirement system and the upward adjustment of the retirement age impose a burden on employers, it is necessary to develop and assign jobs/positions suitable for older workers and ultimately mitigate the seniority-based nature of the wage system.