Earticle

초록

영어

The legal principle of a general succession following the principle succession theory is right when it comes to the employment succession in Business transfer. These days, this legal principle of a general succession is fully established by theories and cases. In the case of all transfer of the business, it gives the same legal effects as merger. On the other hand, In the case of some transfer of the business, it is necessary for employees to allow the refusal right to the succession. It is allowed to the employees' refusal right to the succession only in order to retire in transferring company. Because the employees' refusal right to the succession is not allowed in case to work continuatively in transferring company. It is able to receive a discharge allowance or retirement in transferring company and then for entering the company by retirement in transferring company. Then again, it is the matter to which range the object of valuation is allowed when transferring company including employees that refuse the succession to select employees dismissed by operational reasons. In my opinion, in case transferring company have to select employees dismissed by operational reasons, we should select that persons in employees dismissed by operational reasons.

목차

Ⅰ. 문제의 제기
 Ⅱ. 영업양도시 고용승계에 관한 일반론
 Ⅲ. 영업양도계약에 대한 근로자의 참여 가능성
 Ⅳ. 근로자의 승계거부권
 Ⅴ. 승계거부자에 대한 경영상 해고 가능성
 Ⅵ. 결론
 참고문헌
 Abstract

키워드

영업양도 고용승계 원칙승계설 포괄승계법리 승계거부권 정리해고 Business transfer Employment succession the principle succession theory The legal principle of a general succession The employees' refusal right to the succession Dismissal by operational reasons.

저자

• 방준식 [ Bang, Joon-sik | 영산대학교 공직인재학부 법률전공 부교수, 법학박사 ]

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