화물자동차 운수사업법상 업무개시명령에 관한 법적 검토

In 2003, when a logistics disturbance occurred due to the collective refusal to transport, which was centered on the Korean Confederation of Trade Unions (“KCTU”), the Trucking Transport Business Act (the “TTBA”) established a commencement of work order (the “Order”) system. The Order is to be commenced if a serious crisis arises or there is such concern due to the collective refusal of transportation. In the event of a violation, violators may have their permits revoked and/or face criminal penalties. It has been pointed out that the Order has the effect of preventing independent truck owners from acting to improve their social and economic status, thereby infringing on the labor fundamental rights under the constitution. When the safety rates system, which enforces the minimum level of transportation rates, was about to be expired at the end of 2022, the KCTU moved to collective transportation refusal to prevent it. The government issued two large-scale Orders to independent truck owners, members of KCTU from November 2022. In response, the KCTU filed a complaint with the Committee on Freedom of Association of ILO (the “CFA”). Based on Convention No. 89 and 98, the ILO has long presented strict standards for back-to-work orders, which was stricter than the requirements for the Order under the TTBA. South Korea ratified Conventions No. 89 and 98 in 2021, and they took same effect as domestic law. The CFA determined on March 2024, that the Orders to independent truck owners did not meet the standards of legality and thus violated the freedom of independent truck owners and the KCTU. This is an example of how South Korea, a country that ratifies the fundamental Conventions, does not understand the meaning of a representative international labor standard. It is expected that the court will make a judgment in the future in the case in relation to the Orders.