노동조합법과 공정거래법의 경계

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.