Inconsistent Retirement Age Depending on the Rank Found Discriminatory
The National Human Rights Commission of Korea (NHRCK) recommended the Korea Institute for National Unification (KINU) to revise the relevant provision regulated different mandatory retirement age based upon the rank, viewing that the inconsistent mandatory retirement age is discriminatory.
In June 2010, Mr. Nam(age 40) submitted a complaint to the NHRCK, alleging that the employment regulation of the KINU was inconsistent in the mandatory retirement age for both research and administrative positions.
The KINU regulates that the mandatory retirement age for an administrative position is 60 years for above second rank and 57 years below third rank. It claimed that the retirement age difference was reasonable, considering responsibilities, complexities and possibilities for promotions.
The NHRCK examined the recruited age, expected working period and application of equal regulation, depending on qualifications, responsibilities and management of human resource for each rank.
In the case of administrative position, there was continuity and similarity in both responsibilities and qualifications from low to high ranks, considering that the lower ranked position could advance higher as more experienced and in fact, the most of higher ranks were promoted within the Institute. Thus, the NHRCK assessed that the inconsistent mandatory retirement age in the administrative position would be unreasonable discrimination in view of similarities between higher and lower ranks in conditions, such as qualifications, recruitment process and responsibilities.
However, the NHRCK considered that the different mandatory retirement age in the research position would not be discrimination. The employment regulation of the KINU requires the doctoral degree for the position of deputy senior research fellow and higher rank, and master's degree for the position of research associate and lower rank. The average recruited age was also 10-year advanced in the position of deputy senior research fellow and higher, given that the higher position requires higher educational qualification as well as considerable research experiences. In addition, the responsibilities of the higher rank were specified clearly. Thus, 3-year difference in the mandatory retirement age for the research position depending on ranks may not be unreasonable or excessive.
