단체교섭과 경쟁법의 충돌 ― 미국 프로 스포츠 노동시장을 중심으로 ―

While labor law permits and even encourages market restrictions stemming from collective rights, competition law(antitrust law) fundamentally prohibits those rights. This creates a potential collision between the two legal frameworks. In the United States, the ‘Labor Exemption’ doctrine mediates this collision, reflecting judiciary’s consideration of how and to what extent congressional labor policy should be incorporated. This provides valuable insights for addressing similar conflicts in Korea’s jurisdictions. Specifically, U.S. courts have developed the ‘Non-Statutory Labor Exemption’ doctrine in the professional sports labor market, providing a justification for collective bargaining agreements that impose some restrictions on the labor market. Therefore, it is crucial to examine the evolution of Non-Statutory Labor Exemption doctrine within the context of American professional sports labor market. The Eighth and Second Circuit Courts of Appeals have developed different distinct justifications for applying the Non-Statutory Labor Exemption to collective bargaining and agreements that restrict the labor market. However, at the Supreme Court level, these differing approaches have been somewhat harmonized. Through this process, the U.S. courts emphasize that collective bargaining and agreements, which impose certain restrictions on the labor market, are a direct expression of congressional labor policy and therefore should receive strong antitrust immunity. The U.S. Labor Exemption doctrine is closely tied to the unique legal structure and policy context of the United States, therefore special caution is required when applying or attempting to apply this doctrine in countries with different legal frameworks such as Korea. In particular, it is important to recognize that applying Labor Exemption doctrine without proper legal alignment may unduly narrow the scope of mandatory subject of bargaining under Korea’s collective bargaining system. However, in highly specialized labor market, such as Korea’s professional sports labor market, where external third-party invention should be minimized, the U.S. Labor Exemption doctrine offers a well-aligned framework for regulating and justifying labor market practices.