특수법인 설립시 종전 단체의 권리·의무 승계의 범위 - ‘아시아문화원’ 판결에 대한 비판적 검토 -- 대법원 2018. 9. 28. 선고 2018다207588 판결 -

The subject case is an issue concerning the interpretation of the legal regulations that require a new entity to carry out comprehensive succession of the existing entity rights obligations when establishing a newly entity by revising the law, and whether the new entity succeeds existing employment. The Supreme Court ruled on assumption of existing employment by a newly established public entity only succeeds the existing entity’s rights, not the existing individual employment to the plaintiff. Article 3 subsection 2 of The Act on the foundation of Asian Cultural hub city, despite the fact that “the rights and obligations of the Asian Cultural Development Institute shall be carried out in a comprehensive succession at the same time as the establishment of the Asian Cultural Institute.”, The court's judgment that the plaintiff, who used to work for the existing entity, the Asian Cultural Development Institute, cannot be recognized as an employment at the Asian Cultural Institute, a newly established public entity, is hardly convincing. The subject case should be regarded as an issue concerning the interpretation of the provisions of the law, and in the interpretation of the provisions of the law, the basic principle of interpreting the provisions of the law should be judged first. In the case that there is a provision that the new entity comprehensively inherits the rights obligations of existing entity due to the enactment and revision of the Act, it is deemed reasonable to assume that working relations are also carried forward in accordance with the interpretation of the grammar. In the case that there is a provision that newly established public entity comprehensively inherits the rights obligations of existing entity due to the enactment and revision of the Act, it is deemed reasonable to assume that existing employment are also carried forward in accordance with the interpretation of the grammar.