4. Can workers be considered as “enterprises” as used in Article 2 of the Fair Trade Act?

A4:

According to Article 2(1) of the Labor Standards Act, a “Worker means a person who is hired by an employer to work for wages.” The relations of a worker with an employer may seem like “a transaction of service,” yet a worker is an individual in the business organization of the employer who provides a service under the command of the employer in accordance with the corresponding labor contract. In other words, a worker provides a service as instructed by the employer and does not have the liberty to make decisions. There is no independence as in the case of an enterprise and a worker also need not shoulder any management risk. For this reason, a worker cannot be considered to be an “enterprise” as referred to in Article 2 of the Fair Trade Act.

Relevant article(s) of law: Fair Trade Act, Article 2