earticle

영어

Low birthrate and aging demographics in Korea is bringing about super-aged society in near future, and that future society will cause decrease in total population as well as producing population which probably leading negative effects in national economy and society. In order to solve such coming issues, we can think of making the most of aged people continue working. Recent amendment of ｢Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion｣to stipulate mandatory retirement age of 60 would be a good example. However, in order to guarantee the effectiveness of mandatory retirement age, we need to construct shields to protect elderly employment first. Protecting elderly employment means decent work that could eliminate job insecurity. In this view, unfair termination of elderly needs to be restricted by acts. In this study, the author divided unfair termination into two; first, elder employees are forced to resign, second, gradual downwards of working conditions leading to termination. The first case of unfair termination is not fully protected due to the case law that strictly appling declare of will in Civil Law. The second case of unfair termination cannot be protected because there are not any measures to adjust the discrepancy of interests between employee and employer. This article reviewed constructive dismissals in UK and the dismissal to change working conditions in Germany and tried to find a holistic alternatives.