會社의 分割 = Corporation Split-ups

다국어 초록 (Multilingual Abstract)

[01-03]
It can be easily imagined in theory, as long as corporation amalgamations are acknowledged as a particular system in enterprise organizations, that corporation spilt-ups, which can be said to be of the opposite conception, are also admittable as such. At the present time, however, corporation split-ups are no longer matters of pure theroy at all, but has become those that are requested to be under some special laws by the actual economy.
in the process of development of the capitalist economy, the phenomena of corporation amalgamations were frequently recognized as a type of enterprise concentrations, while few corporation split-ups occurred. Accordingly, there was no actual need to acknowledge corporation split-ups as a particular system in enterprise organization and no stipulations concerning corporation split-ups were found in legislation of commercial laws of many nations, though there were laws about corporation amalgamations.
Since the beginnings of 1960s, however, there arose side effects through enormous enterprise concentrations, and consequently actual requests for corporation split-ups were made in advanced industrial countries, In particular, reorganizing enterprises or corporations has frequent occasions that need corporation split-ups parallel with corporation amalgamations. At the present time that is highly industrialized period, more occasions are expected that corporations split enterprises into independent companies for the economic purpose of increasing efficiency in administration.
As a matter of course, corporation split-ups can be made by utilizing the established system, but it not only has complicated procedure but also gives much disadvantages and inconveniences to corporations. For example, not less than 7 promoters are needed in case of establishing new companies for the purpose of split-ups, and investigation of the inspectors that are appointed by the court in needed in case of floating new companies by contribution of some undertakings in kind, though such a thing is not needed in case of founding new companies by corporation amalgamations. In addition, there is no way of assigning new companies' stocks to the stockholders who split and found new companies.
As for corporation amalgamations, in fact, some particular stipulations concerning them are set up in favor of the simplicity in procedure and the advantages of the concerned parties, although corporation amalgamations can be made by the other established systems in spite of the lack of particular stipulations about them. In the same manner, particular stipulations concerning corporation split-ups are considered necessary at the present time.
Under these circumstances, for the first time in the world in 196, the French commercial corporation law(Loi du...) stipulates about corporation split-ups as well as corporation amalgamations by setting up an item of "Amalgamations and split-ups" at section 6, chapter 1.
"Corporation split-ups" were studied with the laws of France concerning them as the central subject matter in this pap