영업양도와 근로자 지위 승계에 관한 해석론적 쟁점

Analytical Issues on the Succession of Workers in Transfer of Business

Korea has been facing an economic crisis in many ways recently. Companies are actively undergoing restructuring through the transfer of operations or division of the company to improve management. This paper deals with the legal issues arising from the succession of the status of the worker to the transfer of business. The transfer of operations may serve as a factor to enhance the competitiveness of companies, but in contrast, it also causes extreme labor-management conflicts by promoting job insecurity among workers. Korea has had difficulties in interpreting such problems due to the absence of legal regulations. In particular, the status of workers, labor unions, employment rules, collective bargaining agreements, and their scope have become a big issue in the field of interpretation. In this paper, we tried to find reasonable alternatives to balance the profits of businesses and workers at the same time without undermining the intent of the transfer of business. It was also reaffirmed that the task is to supplement the deficiencies of the Act concerning the succession of labor relations by transfer or division of the company.