회사분할과 개별적 근로관계의 승계

In 2013, the Supreme Court made the judgment on the issue of succession of individual labor relations in the event of division of a company, forming a different logic from the transfer of operations. The division of a company is a system of organizational changes of a corporation under the commercial law, which was introduced in Korea about 20 years ago, in the middle of the debate on the succession of labor relations in the transfer of business in the labor law academic circles. However, despite the differences in the methods of organizational change of a company, there is no difference between the transfer or division of operations in terms of the transfer of workers' working relationships. Nevertheless, the Supreme Court takes the position that individual labor relations are automatically inherited subject to procedural legitimacy in the division of a company. If there need to be differences in succession of individual labor relations between the division of a company and the transfer of operations, the Supreme Court have to reveal the differences in the succession of individual labor relations between those two cases or the position would be contradictory. Pointing out this point, this paper states that the succession of individual labor relations in a company's organizational changes, such as division of the company or the transfer of operations, is actually the same as both of them are changes of employers in employment contracts, and thus the issue of labor relations should be solved through the logic of labor law.