노동조합법과 공정거래법의 경계

The Boundary between Trade Union and Labour Relations Adjustment Act and Monopoly Regulation and Fair Trade Act

초록

This article examines the boundary between Trade Union and Labor Relations Adjustment Act and Monopoly Regulation and Fair Trade Act. The biggest difference between the two acts is that the Trade Union and Labour Relations Adjustment Act apply to “worker” while the Monopoly Regulation and Fair Trade Act applies to “business entity” and “trade association.” Therefore, this article, first, examines the concept of ‘worker’ and how its categories should be set in our legal system, including the Constitution. Furthermore, secondly, it examines what discussions are currently taking place on “business entity” subject to the Monopoly Regulation and Fair Trade Act. Finally, it examines whether the Monopoly Regulation and Fair Trade Act can be applied to the activities of trade unions, that is, the boundaries of application between the Trade Union and Labour Relations Adjustment Act and the Monopoly Regulation and Fair Trade Act.

키워드

자영업자단결권단체교섭권단체행동권ILO 제87호 협약ILO 제98호 협약헌법상 근로자노동조합 및 노동관계조정법상의 근로자ILO 제87호제98호 협약에서의 근로자독점규제 및 공정거래에 관한 법률상의 사업자Self-employed workerRight of associationRight of collective bargainingRight of collective action. ILO Conventions No. 87 and No. 98Worker under ConstitutionWorker under Trade Union and Labor Relations Adjustment ActWorker under Conventions No. 87 and No. 98Business entity under Monopoly Regulation and Fair Trade Act
제목
노동조합법과 공정거래법의 경계
제목 (타언어)
The Boundary between Trade Union and Labour Relations Adjustment Act and Monopoly Regulation and Fair Trade Act
저자
고수현
발행일
2023-06
저널명
노동법학
86
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