B) Controversy Over Legality of the Order for Commencement of Business Operations Under the Trucking Act The Trucking Act limits the issuance of the order for commencement of business operations when a refusal to transport cargo, as a group, greatly hinders cargo transport and causes or is likely to cause a very serious crisis to the national economy. Failure to comply with the business commencement order may result in cancellation of the transport business license or worker license, imprisonment for up to 3 years, or a fine of up to 30 million KRW. In other words, the order for commencement of business operation can be issued when the grounds for refusal of collective cargo transportation are not justified and cause a very serious crisis to the national economy or there is a considerable concern. Administrative and penalties are provided as a means mandate such duties in case of a non-compliance. The order for commencement of business operation, the purpose is returning to work through a government order, is similarly provided in Article 59 of the Medical Service Act and Article 70 of the Pharmaceutical Affairs Act. The Ministry of Health and Welfare issued the order in 2000 for the issue of the separation of prescribing and dispensing, in 2014 for the opposition to telemedicine, and in 2020 for the establishment of a public medical school, there was a controversy over violating the fundamental rights at the time, as well.542) Various issues were also raised regarding the legitimacy of the MOLIT’s order. However, the disagreement on the nature of cargo workers seems to be a premise for the conflicting views. Cargo workers generally own a truck and are registered as an individual business operator. They enter into a consignment contract with a transport company, and this sets them apart from workers who receive a regular wage from the company. However, those who are subordinate to a specific company and receive direct or indirect work instructions and supervision and provide labor services are called special type workers.543) There are conflicting views on whether the cargo worker’s refusal to transport constitutes a labor dispute, and furthermore, whether the cargo worker’s status as a worker can be recognized as a special type of worker.544) 542) Young Doctors, “Order to Return to Work to Doctors = Slavery ... Doctors Raising Their Voices, Oct. 10, 2020. 543) Courier drivers, insurance planners, home study teachers, and surrogate drivers may fall under this category. 544) The Supreme Court judged whether a worker is a worker under the Labor Standards Act based on whether the worker provided work to the employer in a subordinate relationship for the purpose of wages to the business or 222