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A Study on Improvement of the Mandatory Retirement System for Employment Promotion for the Aged

  • DONG-A LAW REVIEW
  • 2011, (52), pp.807-843
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

김진태 1

1고용노동부

Accredited

ABSTRACT

Korea's labor market with early or mandatory retirement runs counter to what the country faces, the ageing society. Thus, current retirement system should be improved to guarantee or even extend the age limit, thereby facilitating employment of the aged. There is also a need of revising the legal system to better protect the aged in the workplace and make the most of aged but highly skilled workers. The Korean government has set the age of 60 as retirement age through the enactment of 'Employment Promotion for the Aged Act' in 1991. However, for the past 20 years of its enforcement, the private sector has passively performed in extending age limit on its own. Moreover, it seems that the government has not taken relevant measures actively, only expecting companies to voluntarily follow the act. Many developed countries have prohibited the mandatory retirement system, because they think it could force aged workers to quit working which applies to age discrimination. However, Korea and Japan have regarded it as a legal system of protecting elder workers to work to a certain age. Long-term and systematic improvement of the retirement system is needed for protecting the elder workforce against the upcoming aged society. To facilitate aged workers' employment, the government should devise and integrate employment policies such as encouraging private firms to voluntarily extend the age limit; introducing the phased age limit extension; and enacting the prohibition of age discrimination which substantially leads to age limit extension. Especially the enactment of phased extension of age limit should be in line with improvement of pension system. The establishment of performance-oriented salary system plays an important in succeeding the improved retirement system. Age limit guarantee system is meaningless if employment for the aged does not occur. To prevent age discrimination act from being nothing more than a mere declaration, it should be linked with the advanced retirement system.

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