다국적 기업의 책임확대를 위한 절차법적 법리구성

With the conventional regulation, piercing corporate veil, it is less likely that a nation can deal with torts that multinational enterprises has committed actions by establishing their subsidiaries: avoid taxes and violate fair trading. Indeed, those of multinational enterprises has been recognized as a independent company so that not putting responsibilities multinational enterprises has been taken into account based on international judicial jurisdiction, Hague Convention and so on. Still, the nation could take a firm attitude such as restriction of business as a whole enterprises as multinational enterprises would transfer their company illegally to avoid legal blame with a border among countries gradually fading. It is in terms of civil procedure law that one principal might be applied by the judgment of European Court of Justice: a parent company and a subsidiary company are counted as a one economic unit. Moreover, the other is likely to be adopted grounded on one economic unit - the judicial jurisdiction of the business communities will be restricted by procedural and judicial control. The new legal principal can in turn contribute to inquire into imposing responsibilities to multinational enterprises acknowledging one business community as one economic unit as well as constructing legal principals such as succession of responsibility and succession in action. It ought to be argued that the reason that multinational enterprises are not only one economic entity but also separate enterprise is far from old paradigm, piercing corporate veil. International civil litigation on multinational enterprises is more likely to be empowered to extend international judicial jurisdiction, to succeed the parties enterprise on join action and to examine evidence on a parent company in foreign country.