화물자동차운수사업법상의 지입차주 보호방안에 대한 검토

The entrusting management in the trucking transport business has a history of more than half a century. The Korean government had implemented a policy to restrain the entrusting management. However, it did not work well. In view of the fact that the transportation company grants the transport business license it has received from government to the truck drivers through entrusting management agreement, such an effect occurs that it can virtually act as a licensing manager for the administration. Since the truck is owned by transportation company according to the automobile registry, there is a problem that truck driver can not freely exercise the property rights on the truck which he bought with his own money. These features symbolize the pre-modernity of the Entrusting Management, which has been adverse effect on truck drivers. The ultimate way to overcome pre-modernity of the entrusting management is to license individually to the drivers. However, this has a difficulty in approaching from a short-term perspective due to transportation companies’ objection and controversy over infringement of property rights. As a short-term practical alternative, it is necessary to introduce realization of vehicle ownership and institutionalization of organization for drivers.