Earticle

초록

영어

Before the amendment of Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion(AADPEAEP) in 2013. 5. 22., 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 ‘compel’ employer to set retirement age at 60 years of age or above(Article 19). And the amended Act ‘force’ the employer and trade union formed by the majority of workers into the reorganization of wage system in workplace too. 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 promoting the employment of aged employees, the current Paid as Service Period System needs to be reorganized 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 Phased Retirement System, the endeavor for looking to many ways of aged employment promotion could be investigated in the sense of labor flexibility. The Dismissal to Change Working Conditions(Änderungskündigung) would be the substitution of workers' consent when the rules of employment are to be modified unfavorably to workers, for the Alteration of Working Conditions without useless labor conflict. But the Dismissal to Change Working Conditions should be endowed with the reserved assent of aged employee and the social justness examination of the court.

목차

Ⅰ. 들어가며
 Ⅱ. 60세 법정 정년제에 대한 분석과 대응방안
 Ⅲ. 정년연장과 임금체계 개편의 교착과 현행법상 규율의 한계
 Ⅳ. 중ㆍ고령자 근로조건 변경제도 규율을 위한 새로운 시도
 Ⅴ. 결론 - 노동정책적ㆍ입법론적 대안 모색
 참고문헌
 Abstract

키워드

저자

• 문무기 [ Moon, Moo-gi | 경북대학교 법학전문대학원 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363