택배서비스 산업 관련 법률관계 및 법제도 개선방안

Abstract

The parcel industry in Korea has recently shown marked growth and is expected to play a pivotal role in the future industry as the “With Corona” policy is now becoming a new normal. However, various social problems and conflicts among workers and stakeholders remain intact. The Consumer Logistics Service Industry Development Act(hereinafter referred to as the Consumer Logistics Act), enacted and enforced in 2021, has limitations to tackle these salient issues. Past and present progress in the development of the legal changes including the regulations under the current law is briefly reviewed. Despite the tremendous strides made in providing a basis for the development of the courier industry and protective measures for its consumers and workers, the logistics act is behind the curve. This paper places emphasis on issues and limitations regarding qualifications of consumer logistics workers and business entities, the scope of business, the rights and duties between subjects, and standards for establishing and managing consumer logistics facilities. In specific, it states to clearly define consumer logistics services subject to the legal system. To expand the scope of employees, it proposes to lift regulatory permission under the Trucking Transport Business Act so that privately-owned vehicles can fulfill its requirement for permission. Lastly, it contests tailored qualification standards contingent upon the simultaneous performance of delivery and collection, and amends relevant stipulations of the Construction Act. Moreover, the Consumer Logistics Act aims principally at the logistics facilities and the means of transportation while relatively little attention is paid to the relations and protections of workers. In the medium to longer-term, it is essential to implement a Special Act on the Promotion of Parcel Industry and the Protection of Workers in the Parcel Industry. The special act shall prescribe relaxation of restrictions on authorization or permission for medium-sized enterprises or business entities, a government support package, the legal relations of parcel industry workers and stakeholders, and an establishment of a dispute mediation committee.