고령자고용정책의 법적 기초 및 입법적 가능 수단에 관한 연구A Study on the Legal Basis and Propriety of the Policy for the Older Worker
- Other Titles
- A Study on the Legal Basis and Propriety of the Policy for the Older Worker
- Authors
- 박종희
- Issue Date
- 2009
- Publisher
- 안암법학회
- Keywords
- 고령사회; 고령근로자; 준고령근로자; 고용정책과 차별금지의 원칙; 사회국가원리와 고령자고용정책; 시장경제질서와 고령자고용정책; 비례성의 원칙과 고령자고용정책; aged society; older worker; quasi- older worker; principle of the social state; anti-discirmination; principle of the proportionality
- Citation
- 안암법학, no.29, pp.225 - 264
- Indexed
- KCI
OTHER
- Journal Title
- 안암법학
- Number
- 29
- Start Page
- 225
- End Page
- 264
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/134797
- ISSN
- 1226-6159
- 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.
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