화물자동차 안전운임제에 대한 법적 평가와 과제: 헌법상 적정임금 보장의 관점에서

This paper evaluates South Korea’s Safe Trucking Freight Rate System, a legislative response to the structural flaws in the freight transport industry that have created a vicious cycle of low rates, overwork, and public safety risks. It analyzes the system through the lens of the “guarantee of adequate wages,” a principle stipulated in the Korean Constitution. The study argues that the system embodies the ‘adequate wage’ principle, which transcends the ‘minimum wage’ by aiming to ensure not just survival but also the human dignity and business sustainability of owner-drivers. As a form of ‘supply chain regulation’ extending legal responsibility to powerful shippers, the system aligns with international norms like the ILO’s “safe and fair remuneration” principle and Australia’s “Chain of Responsibility” model. Furthermore, its tripartite social dialogue model is identified as a progressive framework for collective bargaining for workers lacking a clear employer. Despite these strengths, the system is critically undermined by an extremely limited scope, covering only two cargo types, and inherent instability due to a recurring sunset clause. These flaws are found to be inconsistent with the constitutional principles of equality and the state’s permanent duty to protect workers. This paper concludes by proposing essential legislative reforms, including the abolition of the sunset clause and a phased expansion of the system's scope. Ultimately, the Safe Rates System offers a vital and tested model for addressing the challenges faced by the growing population of “employee-like” workers in the platform and gig economy, a legislative trend recently exemplified by reforms in Australia, extending its implications far beyond the trucking industry.