사업의 분할에 따른 근로관계 승계에 대한 고찰

A Corporate restructuring is not a subject of Commercial law but asubject of Labour law, because Commercial law does not have regulation on protection of Labour relations. Commercial law regulates about a merger, a business transfer, and corporate divisions. And it regulates that “Labour relations with the company at the time of the merger are a comprehensive succession”. But it does not have regulation whether Labour relations in a business transfer, and corporate divisions is succeeded or not. The corporate divisions of Commercial law are to target a succession of labour relations rather than to the transfer of property relations of shareholders. Therefore labor relations of corporate division requires the identification in the labour law. It is an important problem of Labour law that whether Labour relations in the Divestitures is succeeded or not. It is also problems of Constitutional Law which is guaranteed Labor Fundamental Right and Labor's three primary rights of Worker. It is natural that divestitures contain the succession of labour relation. It is also matched up to a doctrine of liability law. But the succession of labour relation in Commercial law may be granted upon the divestiture-merger contract. Therefore, the corporate division in Commercial law may be not succeeded labor relations. The worker's consent on the succession of labor relation has to judge to consider the substance the corporate division. It just had to go with the workers' intention. I am just hoping to legalize or to supplement of the regulation of Commercial law on the succession of labor relation.