경쟁법과 노동법의 관계 ― 미국 반독점 법제와 사례에 대한 분석과 시사점을 중심으로 ―

초록

The history of labor law in the United States is closely intertwined with antitrust laws. The Sherman Act prohibits contracts, combinations, or conspiracies that restrain trade or commerce in order to protect competitive markets, and it prohibits monopolization or attempts to monopolize. Strikes and boycotts, which collectively restrict the supply of labor, are actions that could be seen from an antitrust perspective as limiting labor prices horizontally, but the Clayton Act establishes a labor exemption by stipulating that legitimate activities of labor unions do not violate antitrust laws. The Norris-LaGuardia Act further strengthens this labor exemption, and the courts have declared and developed the legal principles of labor exemption under antitrust laws. In this article, I examine the significance and legislative history of labor exemptions under U.S. antitrust laws, their content and requirements, major cases, and legislative theories. I also consider implications for our legal interpretation and policies, as seen in recent cases of the Fair Trade Commission"s enforcement of antitrust regulations against Korea Construction Workers’ Union. The question of how exclusion clauses in our antitrust regulations should be interpreted in relation to labor union laws is currently under discussion. When constitutional guarantees of labor rights under the Constitution and labor union laws clash with the values of other laws, how do we find a balance? Although legal systems and histories may differ, I first explore cases from the United States, which has gone through similar issues, to seek our own answers.

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