화물운수사업 구조의 법경제학적 검토 -최소운송의무 강화와 차량등록원부 명의변경 법률개정안을 중심으로-

This study examines the structure of the trucking transport business and related legal policies from the perspective of law and economics. In South Korea, the trucking transport business primarily operates under the entrustment contract system, where the main interested parties include shippers, trucking business operators, and entrusted owner operators. Policy makers have been continuously discussing ways to improve the structure of the industry, including proposals to transition from the entrustment contract system to a direct management system. To improve the structure of the trucking transport business from a law and economics perspective, the following points need to be considered: (i) From the perspective of public choice theory, it is necessary to analyze the economic incentives of the interested parties and the economic welfare transfer effects of legal policies; (ii) From the perspective of transaction costs, the decision on the management structure is significantly influenced by transaction costs. Despite various policy attempts, the entrustment contract system remains the dominant management model in the trucking transport business, which suggests the need to consider its transaction cost advantages. (iii) Additionally, from the perspective of efficiency improvement, it is important to examine whether the benefits that may accrue to the shipper and entrusted owner operator can fully compensate for the losses that trucking business operators may face, in order to assess the extent of efficiency improvements proposed in the amendment of the Trucking Transport Business Act.