화물자동차운수사업법의 경영위탁(지입)에 대한 법적 고찰과 평가

The most critical issue of the repeated truck drivers' strikes in Korea is the below minimum freight rate due to the multi-level transportation system, and the truck entrusting management under its base. The truck entrusting management problem urgently requires research and solutions. In this article, I discuss the historical development of the truck entrusting management, the provisions of the Truck Transportation Act and the related Supreme Court decisions, and the regulation of similar business acts. Then I evaluate the acceptability of such regulations and decisions in the truck transportation business. The Supreme Court has established a theory to protect the truck owner and shipment receiver against the truck business operator. The Truck Transportation Business Act has tried to regulate the conflict between the truck owner and the truck business operator by giving more protection to the truck owner by allowing them to register as a truck transportation business operator with a single truck. However, the theory on the truck entrusting management of Supreme Court decisions has to be reconsidered in terms of title and the law of legal corporations. The Truck Transportation Business Act simply intended as a temporary measure. Even now, in order to adjust and normalize the truck transportation business, it is essential to fundamentally resolve the core problem by cleary delineating the prohibitions of truck entrusting management.