고령자고용정책의 법적 기초 및 입법적 가능 수단에 관한 연구

Abstract

Korean government has been seeking and proposing many policies to increase employment of the older worker with a rapid progress into a aged society. The policies should have a legal propriety and a practical effectiveness. For the judgement, we require considering a legal status of the old aged, especially, a legitimacy and a limit of the policies encouraging employment of the aged in the side of the constitutional law. It is important that the principle of the social state, the economy market, the anti- discrimination and the proportionality are applied as criteria. Any policies of a legislation can be examined with dividing into a direct and indirect schemes based on the constitutional judgment. Each policies can be estimated as guaranteeing the concrete legitimacy and the practical effectiveness when it has such criteria. Furthermore, The policies encouraging employment of the older worker need to be diversified not only for the government but also the parties in labor relations to create the demand of labor by themselves and to absorb the demand in labor market.