기업과 영업 - ‘기업’과 ‘영업’에 대한 이해방식에 관한 시론적 고찰 -

The question of terminology is supposed to play an important role in the academic world. For this world is composed of many terms and their diverse concepts. Therefore scholars are very often compelled to face the difficult works of defining terms used by them. The Legal scholars in charge of commercial law field can not be exceptions, so they are burdened at least with such works of defining two important basic terms: ‘enterprise’ and ‘business’. These are the most important terms in the commercial law field, as the expression commercial law as enterprise law clearly shows. The term ‘enterprise’ decides on the area of the commercial law and the term ‘business’ actually decides on the area, to which the Korean Commercial Code should be applied. Therefore those terms play crucial roles in the identification of commercial law and the application of the Korean Commercial Code respectively. This question of identification is related with the academic fields of economics and business administration as the background of the commercial law, because the term ‘enterprise’ originates from these background fields. This article is designed to clarify the concepts of 'business' and 'enterprise' in the commercial law field and neighbouring fields like civil law, constitutional law and those background fields, in order to eventually get some help from them. According to the understanding of commercial law academics, the two terms share some conceptual elements like pursuing self-interest, continuity, organization or economic unit, even though they themselves are not qualified as legal entities. However, the concept of enterprise in economics and business administration fields is larger than that in the commercial law field.