영업양도와 근로자 지위 승계에 관한 해석론적 쟁점

• 영문명: Analytical Issues on the Succession of Workers in Transfer of Business
• 발행기관: 충북대학교 법학연구소
• 저자명: 이재목(Lee Jae Mok) 최기용(Choi Ki Yong)
• 간행물 정보: 『법학연구』第29卷 第1號, 349~372쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

Korea has been facing an economic crisis in many ways recently. Companies are actively undergoing restructuring through the transfer of operations or division of the company to improve management. This paper deals with the legal issues arising from the succession of the status of the worker to the transfer of business. The transfer of operations may serve as a factor to enhance the competitiveness of companies, but in contrast, it also causes extreme labor-management conflicts by promoting job insecurity among workers. Korea has had difficulties in interpreting such problems due to the absence of legal regulations. In particular, the status of workers, labor unions, employment rules, collective bargaining agreements, and their scope have become a big issue in the field of interpretation. In this paper, we tried to find reasonable alternatives to balance the profits of businesses and workers at the same time without undermining the intent of the transfer of business. It was also reaffirmed that the task is to supplement the deficiencies of the Act concerning the succession of labor relations by transfer or division of the company.

목차

Ⅰ. 머리말

Ⅱ. 영업양도와 근로자 지위에 관한 일반론

Ⅲ. 영업양도와 근로자 지위의 승계요건

Ⅳ. 근로자 지위승계와 관련한 쟁점과 평가

Ⅴ. 맺음말

키워드

Transfer of business Succession to employment Unfair dismissal Employment rules Collective agreement 영업양도 고용승계 부당해고 취업규칙 단체협약