사업분할시 노동자보호의 문제점과 정책적 시사점

초록

Demerger being utilized frequently to organization restructuring method, in recent. Demerger have been simplified through the amendment of Commercial Law. But, It may break out the employment of laborers and the succession of collective agreement issues, because of a lack of protection regulations of laborers. And, these factors have been result in unnecessary conflicts on industrial relations. This study carried out case study about demerger that had been deficient in labor relations field. The results on the case study of three companies are as follows. First, the difference in the way of demerger result in the difference in guarantee of working conditions, employment succession and the resolution of labor- management conflicts surrounding them. Second, All of cases bring about problems of employment succession, guarantee of working conditions, collective agreement, etc. Third, this study could be deduced that it is required various and common correspondence by characteristics according to the difference in the way of demerger. The implications in terms of labor relations can be summarized as follows. First, the protection of laborers while is transforming is need to stipulated in labor law. Second, clear prescript about the parties of prior consultation must be protect laborer and should be minimized labor-management conflicts while is transforming. Third, laborers must be given the right to veto and objections on the change of occupation while is demerging. Fourth, it was confirmed that the strategic choice of trade unions played a important role in the process of transformation.

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