중·고령자의 점진적 퇴직을 위한 근로조건 변경 법리 - 독일 해고제한법상 변경해지제도를 중심으로 - (A Study on the Alteration of Working Conditions for the Phased Retirement of Aged Employee - Focused on the Dismissal to Change Working Conditions(Änderungskündigung) -)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 33권 / 203 ~ 237페이지
· 저자명 : 문무기

초록

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.

영어초록

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.

참고자료

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