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Legal improvements for the effective introduction of wage peak system according to mandatory retirement age of 60 years

  • DONG-A LAW REVIEW
  • 2014, (63), pp.1-38
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee, Hak-Chun 1

1동아대학교

Accredited

ABSTRACT

Legal improvements for the effective introduction of wage peak system according to mandatory retirement age of 60 yearsApril 30, 2013, Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion in Korea have introduced the mandatory retirement age of 60 years. To improve the effectiveness of retirement system of 60 older and over, firstly it is needed for workers at work to ensure stable employment or extend employment until 60 older and over. instead of supporting reemployment or job diversion. On the other hand, it is needed for companies to deviate from the burden of seniority wage system type. By doing so, companies prefer to keep the elderly workers in employment and it may be activated to reorganize current wage system and ‘wage peak system for prolonged retirement age’. If it legally not improved that the consensus for reorganization of wage system by both labor and employer or adoption and application of the wage peak system, it can not ensure the effectiveness of the law or so difficult to settlement the mandatory retirement system of 60 older and over. In particular, Such a following legal improvements should be provided: In this study, I studied individual labor relations law, collective labor relations law and social insurance law, etc. Based on this studies, conflict settlement and labor- management agreement surrounding the introduction of the extension of retirement age and wage peak system, measures to simplify introduction procedures of wage peak system, support for vulnerable workers in SMEs, judicial interpretation surrounding the dismissal by management reasons (Labor Standards Act, Article 24), collective agreements and issues surrounding the disadvantage changes of work rules, wage cuts according to wage peak is whether or not be age discrimination, the degrade of retirement benefits according to introduction of wage peak, Strengthening the linkages of retirement age and pension benefits age, the preparation of regal provisions for introduction of wage peak, wages legal support system surrounding the peak system improvements were suggested improvements. improvements of government support to enable the introduction of wage peak system etc.

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