독일 조직재편법상 회사분할제도

• 영문명: Legal Issues on Corporate Division in Germany
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김성화(Kim Sung hwa)
• 간행물 정보: 『법학논문집』法學論文集 第41輯 第2號, 261~281쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.08.30

영문 초록

Under the premise that economy should attract foreign capitals and thereby be stimulated, it would unavoidably mandate the protection of minority shareholders and creditor in corporate division under the Commercial Act. That is, it is necessary to restrict controlling shareholders who are found to have abused corporate profits in corporate governance. However, the regulation for protection of employee is quite difficult to mandate specifically between corporate law and labor law. In this article, it seeks to compare on the protection of employee in corporate division of Germany and Japan. It reflects a general reluctance to compare shareholder capitalism theory and stakeholder capitalism theory as long as they are not directly involved in corporate profits among civil law countries. It is considerably difficult to apply the protection of shareholders or stakeholders because it depends on the situation where it is, so that it is unclear and ambiguous to regulate in the corporate law. In this respect, it is necessary to expand a range of regulations for protection of employee in corporate division and to examine various prominent legal theory and precedents in civil law countries. Throughout systematic approaches and thorough discussions, it seeks to explore the patterns of homogeneity and heterogeneity that appear. There are many controversies of their effectiveness by expanding the range of regulations for protection of employee and introducing the co-determination regime in corporate division, so that it has a thorough grasp of substantial continuous and systematic measures of regulations for shareholders and stakeholders in Korea. Therefore, it is necessary to set out a conceptual framework and a factual basis with the important issues of protection of employee regulations facing the Commercial Act can be fruitfully explored in Korea.

목차

Ⅰ. 머리말

Ⅱ. 독일 조직재편법상 회사분할제도

Ⅲ. 이해관계자 범위의 확대 논의

Ⅳ. 맺음말 - 우리 법에의 시사점

참고문헌

Abstract

키워드

주주이익보호 이해관계자이익보호 근로자보호 회사분할 기업의 이익 shareholder theory stakeholder theory protection of employee corporate division corporate profit