2) Controversy Over Orders for Commencement of Business Operations Under
the Trucking Transport Business Act
A) Controversy Over Safe Trucking Freight Rates System, Transportation Refusal
and the Government’s Order for Commencement of Business Operations
In 2018, with the revision of the Trucking Transport Business Act (Trucking Act for
short), safe trucking freight rates were introduced. ‘Safe trucking freight rate’ refers to the
minimum fare necessary to secure traffic safety by preventing overwork, speeding, and
overloading by guaranteeing an appropriate fare for truck owners,530) and the safe trucking
freight rate system (hereinafter referred to as ‘safe rate system’) had a sunset clause that set
the temporary enforcement period of the law to be effective only from Jan. 1, 2020 to Dec.
31, 2022.
Since the introduction of the safe rate system, the Korea Cargo Federation has
continuously demanded that the sunset clause be deleted and that the safe rate system be
applied to all vehicle types and items to guarantee the minimum rate for freight carriers.
Regarding this, trade associations and shippers expressed their objections on the grounds
that the safe rate system was ineffective531) and that the freight rate increase caused burdens.532)
Since June, disagreements between the ruling party, the Korea Cargo Federation, and the
MOLIT were unable to reach a consensus, and negotiations and transport refusals (strike or
collective transport refusal)533) have been repeated.
530) Trucking Act, Article 2(13)
531) There are conflicting opinions between the government and the Korea Cargo Transport Association on whether or
not there has been an improvement in traffic safety during the two years since the freight car safety fare system
was implemented. According to the Korea Transport Institute's 'Analysis of the performance of the safe fare
system for trucks and a study on measures to activate it', the number of deaths and traffic accidents caused by
'tow-type trucks' that included vehicles subject to the safe fare system actually increased after the implementation
of the system. On the other hand, the ratio of container and cement transport owners who drive more than 12
hours per day on average and the average monthly working hours have decreased, indicating that the problem of
excessive driving time that causes traffic accidents has improved. The MOLIT is paying attention to the trend of
traffic accidents, and the cargo association is paying attention to the effect of preventing overwork, overloading,
and speeding that can affect traffic accidents, and some say that the contents of the research report itself are not
sufficient evidence.(KBS News, [Fact Check K] Safe Rate System Causing Strikes ... Any improvements on traffic
safety?, Dec. 1, 2022).
532) KBS News, Freight safe rate system... what are the issues?, Nov. 25, 2021.
533) The labor community and the government refer to the cargo union’s refusal to transport as a “general strike” and
“collective transport refusal,” respectively. It seems to stem from a difference of opinion on whether cargo workers
are workers under the Labor Standards Act and the Labor Union Act, or whether it can be considered as collective
action under the Labor Union Act.
220
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