노동3권과 공정거래법 적용 ― 화물연대 사례를 중심으로 ―

The Korean Public Service and Transport Workers’ Union Cargo Truckers’ Solidarity Division (KPTU-TruckSol) is an organization representing self-employed heavy goods vehicle drivers. These workers can be decided as workers under the TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT according to the Supreme Court's judgment standards. And the ILO Committee on Freedom of Association has requeseds the KOREA Government to take the necessary measures to ensure that “self-employed” workers, such as heavy goods vehicle drivers, fully enjoy freedom of association right. But the Fair Trade Commission decided KPTU-TruckSol is trade association, and applied the Fair Trade Act. This article examines the FAIR TRADE ACT can be applied to workers. In the area where workers exercise the three fundamental labor rights, the principle of solidarity for practical equality, not free and fair competition in the market economy, governs. Therefore, the exercise of the three labor rights is outside the scope of the Fair Trade Act. On the one hand, guaranteeing the three labor rights and freedom of association are also the way to fairness in market and corporate competition. To interpret the relation of Article 33 of the Constitution and Article 119 (2) of the Constitution, we should consider that the Constitution stipulates the three labor rights as basic rights in the labor market, and the purpose of guaranteeing three labor rights and economic regulation and adjustment is for “social justice.” Therefore, it is reasonable to interpret that the Labor Relations Act takes precedence over the Fair Trade Act in the exercise of the three labor rights. Workers acting as the subject of the three labor rights cannot be regarded as business entity under the Fair Trade Act. Considering the purpose of the Fair Trade Act to exclude actors belonging to certain categories such as “workers” and “labor unions” from the scope of application, not only workers under the Labor Standards Act but also workers who can be the subject of the three labor rights should be excluded from the scope of application. If “workers” pushed out of the labor law under the neoliberal restructuring policy are subject to the Fair Trade Act just because they are not workers under the Labor Standards Act, this is contrary to the purpose of guaranteeing the three labor rights under the Constitution. The issue of applying the Fair Trade Act is whether to regulate the relationship between the three labor rights and the competition law based on social justice or treating labor as a commodity. Ensuring basic labor rights with the aim of social justice and applying the Fair Trade Act is the way to “lasting peace” and “sustained progress” in the 1944 Philadelphia Declaration.