미국 반독점법상 ‘노동 면제’에 관한 연구 (1)

Labor law and antitrust law are two legal frameworks that modify modern civil law principles, including the absoluteness of ownership and the principle of freedom of contract. As a result, they are often grouped together under the category of social law. Despite their classification, these two legal fields have followed distinct trajectories as they serve different purposes. Labor law regulates the relationship between employers and employees, while antitrust law promotes competition and limits the concentration of economic power. However, because both areas have their origins in modern monopoly capitalism, they are inextricably linked, akin to Siamese twins. Although traditionally viewed as separate areas of study, the rise of the gig economy has blurred the line between employees and business owners, exemplified by the growing number of freelancers. Consequently, there is an increasing possibility that labor law and antitrust law will overlap. Regrettably, in Korea, there has been a lack of active interdisciplinary research in this area. On the other hand, the United States has had a century-long debate about the degree to which antitrust regulations should curtail labor unions' actions since the Sherman Act of 1890. Consequently, we suggest that scrutinizing the U.S. Supreme Court's development of the ‘labor exemption’ doctrine within antitrust law's context could provide insights that might facilitate a prudent resolution of the impasse between labor and antitrust law in the future.