회사분할시 근로관계의 승계에 대하여 근로자가 거부권을 행사할 수 있는가? － 대법원 2013.12.12. 선고 2011두4282판결을 대상으로 하여 －

A corporate split involves the division of a corporation’s businesses through the creation of one or more separate corporations. A corporate split is used for the purpose of promoting the efficiency of corporate management and thus considered as a method of corporate restructuring. This method is introduced into the Korean Commercial Code in 1998. However, a corporate split may be in conflict of the protection of workers because as a result of a corporate split which is accompanied with downsizing, the workers might be transferred to a newly-established corporation or a succeeding corporation which is small in size and their status might be poorer after a corporate split. There are many kinds of views and opinions regarding whether the workers of a certain corporation which intends to implement a corporate split can give consent to or refuse this kind of corporate restructuring. Where there is a corporate split, succession by a universal title happens and workers should not refuse their transfer of their labor relationship to new corporation. In 2013, the Korean Supreme Court also reaffirmed that a corporate split has an effect of universal succession and unfair labor practices are dealt with under the labor law. To sum up, workers cannot refuse their transfer of labor relationship to the recipient corporation in case of a corporate split without unfair labor practices.