초록 열기/닫기 버튼

The law on new mandatory retirement system was promulgated and is waiting to be enforced. This study aims to prepare legal principles compatible with the new retirement system. The study attempts to search for the legal principles befitting the characteristics of the new retirement system based on the analysis of the legal principles of the previous contracted retirement system. The new retirement system consists of the statutory retirement system, the wage system reorganization and support for them. Most legal principles of the contracted retirement system apply to the new retirement system but there are some issues to be examined. The issues in the statutory retirement system include the normative effect, the introduction or reduction of retirement age, and subordinate norms that can stipulate the retirement age. The concept, the effect, the form for stipulating the wage system, and the way to carry out an obligation need to be examined in relation to the wage system reorganization. The issues to go over in relation to the support include the subject, the contents, and the scope of support. This study analyzes the previous legal principles in terms of the above-mentioned issues and distinguishes the legal principles to be applied to the new retirement system and those not to be applied. In addition, this study, based on the overall structure and contents of the labor-related acts, proposes new legal principles that are necessary as ‘the extension of the legal retirement age to 60 or over’ becomes mandatory.