미국 독점금지법상 노동면책의 법리와 함의

초록

In recent years, the issue of applying the so-called Fair Trade Act to workers, labor providers and labor unions has emerged as an issue again around the labor world. In particular, the first Supreme Court precedent to recognize the application of the Fair Trade Act to acts that forced labor unions to refuse transactions with non-union workers has emerged, and discussions about the validity of enforcing competition laws against them are spreading beyond the labor world to academia. In this process, it was mainly mentioned by law and legislative examples of labor, and legislative precedent for labor.As governor, it is also a leading legislative law, the U.S. National Assembly's union activities such as labor union activities such as labor union activities, and precedents. This issue, which is located at the point of contact between labor law and competition law, shows some bias depending on the jurisdiction of the argument or the direction of the thesis to be developed. In this regard, despite the existence of remarkable information and analysis data on labor immunity under the US antitrust law, it is necessary to look at this issue from a new perspective. This paper examines how the law of labor immunity under the antitrust law in the United States is formed through legislation and precedents, and the scope and limitations of the US antitrust law have been applied to a series of behaviors similar to the types of union activities that have recently been problematic in Korea. Based on this, implications for determining the application and scope of the current Fair Trade Act were derived for cases in question in Korea.

키워드