노동조합법상 근로자 개념 확대와 그 후속문제에 대한 단상

The Supreme Court has recently expanded workers under trade union law. Its main targets are the unemployed and self-employed workers. The reason is that they also recognize the need for 3 constitutional labor rights. This brought non-workers into the protection of trade union law. This has two meanings. Because they are not workers, the Labor Standards Act does not apply. However, except for the unemployed, labor is provided by contracts other than labor contracts. In principle, these contracts apply to civil law and economic laws regulating competition restrictions other than labor law. However, they became workers under trade union law, and the goods market rules entered the labor market rules. The labor market rules that protects workers by restricting competition, and the goods market rules that regulates competition restrictions in accordance with the principle of contract freedom, have become the subject of labor law conflict. Labor law became ambiguous. Confusion is self-evident. On the other hand, the Supreme Court's recognition of non-workers as workers under the Labor Union Law means that anybody can become a worker under the Trade Union Law, as long as there is a need to guarantee three constitutional labor rights. This case should therefore be seen as guaranteeing the right to organize trade union for everyone. In this regard, the issue of guaranteeing the right of association of some non-workers raised by the ILO or the EU should be regarded as resolved by case law. However, the question arises whether non-workers also have the right to collective bargaining and collective action, and are exempt from civil and criminal penalties. That is, the question arises whether the agreement is guaranteed for non-workers. However, there are labor-serving groups who are self-employed but form trade unions, conduct collective bargaining, and sometimes conduct collective actions. Above all, this group is a social dialogue where labor, management, and government solve problems. These include dump truck drivers and freight forwarders. In this way, the Supreme Court case is similar to Article 9 (3) of the German Constitutional Law in that it guarantees the right to organize trade union(Koalition) for everyone. However, in relation to the right to collective bargaining and the right to collective action, it is possible to represent collective interests according to the ‘social power', and to solve the current issues through social dialogue. However, rather than this, I believe that legislators should guarantee agreement autonomy for these non-workers.