기업의 법적 개념과 지위에 관한 연구

This paper wants to analyse how practical enterprise concepts work in real-life conflict or legal relationships. Enterprise as a practical concept of legal relationships have yet to be dealt with and there is plenty of scope for research. It goes beyond the existing commerce concept to relate to what entrepreneurship is capable of doing in legal system as an economic system. 77) To be part of a legal unit or to become a legal entity, the enterprise must become a legal entity or act as an entity of law. Based on the legal concept of enterprise, I search follows in turn; whether the enterprise has the legal status, whether enterprise is responsible against business activities as a enterprise itself, rather than corporate entities. First of all, in the legal concept of enterprise, we view the nature of the enterprise as a combination of the three elements-equity, labor, and management-, and study if this concept matches the regulatory framework of our commercial law. Next, as a legal entity of the enterprise, it will be dealt with whether enterprise acquires a legal entity in the form of a corporation under the provisions of corporate law as a legal entity, and acquires legal qualification as an economic entity instead of a corporation. Lastly, in the liability of enterprise, it is examined how the joint responsibility to be imposed to two companies overcoming individual companies as a single entity. And here, it will be examined the principles of advanced France and the United States and compared them to our laws.