노동조합법과 공정거래법의 경계The Boundary between Trade Union and Labour Relations Adjustment Act and Monopoly Regulation and Fair Trade Act
- Other Titles
- The Boundary between Trade Union and Labour Relations Adjustment Act and Monopoly Regulation and Fair Trade Act
- Authors
- 고수현
- Issue Date
- Jun-2023
- Publisher
- 한국노동법학회
- Keywords
- 자영업자; 단결권; 단체교섭권; 단체행동권; ILO 제87호 협약; ILO 제98호 협약; 헌법상 근로자; 노동조합 및 노동관계조정법상의 근로자; ILO 제87호; 제98호 협약에서의 근로자; 독점규제 및 공정거래에 관한 법률상의 사업자; Self-employed worker; Right of association; Right of collective bargaining; Right of collective action. ILO Conventions No. 87 and No. 98; Worker under Constitution; Worker under Trade Union and Labor Relations Adjustment Act; Worker under Conventions No. 87 and No. 98; Business entity under Monopoly Regulation and Fair Trade Act
- Citation
- 노동법학, no.86, pp.1 - 34
- Indexed
- KCI
- Journal Title
- 노동법학
- Number
- 86
- Start Page
- 1
- End Page
- 34
- URI
- https://scholarworks.bwise.kr/hanyang/handle/2021.sw.hanyang/191918
- ISSN
- 1229-2141
- Abstract
- 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.
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