Under such a premise, a question was raised as to whether this order for commencement of business operation was lawful. The labor groups argues that the current situation does not meet the requirements for the order under the Trucking Act, considering that the general strike and refusal of transport by the Korea Cargo Federation are the legitimate rights of the workers, and that the trucking business is not the type of essential work the Trade Union Act.545) On the other hand, the MOLIT is under the opinion that the order was proper because it has carefully reviewed the damages caused by the long-term refusal of transportation by the Korea Cargo Federation and there were concerns for damages to the industry as a whole.546) On the other hand, the controversy over whether the provision of the order for commencement of business operations itself is unconstitutional continued. Requirements of ‘good cause’ and ‘causes or is likely to cause a very serious crisis in the national economy’ violate the principle of clarity, fall under forced labor prohibited by the Constitution and international human rights standards, and violate the three rights of labor, assembly and association and freedom.547) Issues with a similar purpose have been raised in the past by the Ministry of Health and Welfare, when ordering medical personnel to commence work, but the Constitutional Court rejected the case on the grounds that there was no immediacy or currency of violation of fundamental rights in the relevant case,548) and the controversy over the constitutionality of the case does not seem to have been clearly resolved.549) workplace, considering the substance of the contract rather than whether the form of the contract was an employment contract or a subcontract contract,(Supreme Court, Decided on Nov. 28, 2019, 2019Du50168) and in the position that it should be done, there is also a case where the nature of a cargo transport driver as an employee was recognized (Supreme Court, Decided on Apr. 29, 2021, 2019Du39314). 545) KCTU Statement, Nov. 29, 2022. 546) MOLIT Press Release Material, Nov. 29, 2022. 547) MBC, Controversial return to work order, Nov. 29, 2022. 548) Constitutional Court, Decided on Sep. 7, 2021, 2021HunMa937 549) Administrative lawsuits and constitutional lawsuits were also filed against the order for commencement of business, but there is a prospect that it will be difficult to receive judgment from the court and the Constitutional Court as the cargo unions ended the general strike. 223