회사분할과 단체협약의 승계-대상판례:현대중공업 가처분 사건, 서울중앙지판 2017. 9. 11, 2017카합80551

This case is about whether the 2014 collective agreement that Hyundai Heavy Industries and Hyundai Heavy Industries unions signed before the division of Hyundai Heavy Industries is transferred to a new company newly established as a company split. While the creditor metal industrial union argues that even if there is a corporate split, the previous collective agreement is inherited to the newly established company, the court concludes that the collective agreement on the divisional plan has been approved by the court, The status of the collective agreement was not transferred to the newly established subsidiary unless the succession was specified. As noted above, according to the position of ①, which recognizes the succession of the collective agreement itself, there is an advantage that the conditions of the labor agreement are maintained in the collective agreement, but the new company, And despite the drastic reduction in workers, the opportunity for self-determination in the Convention has been violated. On the other hand, according to the position of ③, which denies the succession of collective agreements, there is no information about the working conditions of the workers since the company split, resulting in the problem of becoming disregarded as. The judgment of this case seems to be interpreted as the fact that the comprehensive succession rule of the company split succeeds in principle by the division of the company like the principle succession theory in the business transfer but it may not be succeeded depending on whether the division plan is written. As a result, it is important to judge whether or not the collective agreement is included in the scope of the succession target in the division plan.