기업제도론과 기업법의 전개 -프랑스에서의 이론전개와 입법을 중심으로-

The history of Franchise corporate law in 20 century is the process of the prospect of enterprise institution theory and the development of enterprise law. In economic democratization of France, the theory of enterprise institution regards enterprise as a social institution and accepts the conception of enterprise as the social organism of capital organization and labor organization instead of the corporate conception as the capital system. It understands that enterprise is not the properties rights of private capital but a social institution which capital, labor, management have been conjoined. Based this enterprise conception, the acts on several relative enterprise, acts of corporation, labor, finance and so on, allowed labors the way of participation to the enterprise like capitalist. The position of labor in enterprise changed from the external factors to internal factors. The theories of enterprise institution promoted that French government redress the enterprise-relative-acts to assure the life rights of labors, because human nature of labor is different to capital. Accompanying the social situation to divide ownership and management of enterprise, it helped labors to participate in decision of enterprise will for governance and profit of enterprise. And also it leaded that management would be independent factor in enterprise and management law would be developed as a important part of enterprise law. Currently, economic democratization is becoming the biggest issue in Korea and legislation is underway. I think that the most important areas requiring economic democratization are the corporate realm. Non the less, the theoretical discussions and the legislation on democratization or socialization of corporate organizations are still lacking. It is necessary to seriously examine the institutional theories of French enterprise to set the right direction for the establishment of a corporate democracy and establish legitimate corporate laws.