한국 노동조합이 기업 부실에 미치는 효과에 관한 법경제학적 분석

This study aims first to analyze empirically the impact of Korean labor unions on worsening corporate performance to assess whether unions maintain rational behavior when faced with impending corporate insolvency given the hostile industrial relations in Korea. The second purpose of the paper is to define the improvements needed to the Korean labor legislation to minimize the negative impact of the unions on the resuscitation of ailing companies. Existing research on the rehabilitation of weak enterprises was limited to studying amendments to labor laws to ensure the comprehensive succession of union and member rights in the event of corporate change. The recommendations made in this paper depart from the current labor law-centered literature in two ways. First, it aims to suggest amendments to the legal system to enhance economic efficiency through mutually beneficial industrial relations, not simply pursuing the protection of union or worker rights. Second, the paper approaches labor market flexibility by recognizing that restructuring of struggling companies via mergers, acquisitions and transfers must take place before easing the criteria for legal layoffs at healthy companies. The resuscitation of bankrupt companies is key in establishing industrial relations for the good of all parties and in achieving economic efficiency.