LABOR UNION AND LABOR RELATIONS ADJUSTMENT ACT [See entire ACT]

CHAPTER Ⅱ Labor Union SECTION 1 General Provisions

SECTION 1 Common Provisions

Article 5 (Establishment and Admission of Trade Union)

Workers shall be free to establish a trade union or to join it: Provided, That matters with respect to public officials or school teachers shall be prescribed by other Acts.

Article 6 (Incorporation of Trade Union)

(1) A trade union may be formed as a juristic person pursuant to its bylaws.

(2) Where a trade union is formed as a juristic person, it shall be registered in accordance with Presidential Decree.

(3) With respect to an incorporated trade union, the provisions concerning juristic persons of the Civil Act shall apply, except as otherwise provided by this Act.

Enforcement Ordinance

Article 2 (Registration as Juristic Person)

Where, pursuant to Article 6 (2) of the Trade Union and Labor Relations Adjustment Act (hereinafter referred to as the "Act"), a trade union is formed as a juristic person, it shall be registered with the registry office having jurisdiction over the location of the principal office thereof.

Enforcement Ordinance

Article 3 (Matters for Registration)

Matters for registration as referred to in Article 2 shall be as follows:

1. Name;

2. Place of the principal office;

3. Objective and activities;

4. Name and address of the representative;

5. Grounds for dissolution where applicable.

Enforcement Ordinance

Article 4 (Application for Registration)

(1) The registration as referred to in Article 2 shall be effected by the application from the representative of the relevant trade union.

(2) When the application for registration as referred to in paragraph (1) is intended, there shall be attached to the application form for registration, the bylaws of the trade union and a transcript of the certificate of report (if the certificate of the report of modification as referred to in Article 10 (3) of this Decree has been delivered, a transcript of such certificate) as prescribed in Article 12 of the Act.

Enforcement Ordinance

Article 5 (Registration of Transfer)

(1) Where a trade union which is a juristic person transfers its principal office to a district falling under the jurisdiction of another registry office, the representative of the trade union shall, within three weeks from the date of the transfer, make a registration of transfer in the previous location and registration of the matters falling under the subparagraphs of Article 3 in the new location.

(2) Where the principal office is transferred within the jurisdiction of the same registry office, the registration of transfer shall be made within three weeks from the date of the transfer.

Enforcement Ordinance

Article 6 (Registration of Changes)

The representative of a trade union shall, if any matter referred to in any subparagraph of Article 3 is changed, register the change within three weeks from the date of the change.

Article 7 (Requirements for Protection of Trade Union)

(1) Trade unions which are not established pursuant to this Act shall not make an application for adjustment of industrial disputes and for the remedy of unfair labor practices to the Labor Relations Commission.

(2) Paragraph (1) shall not be construed as denying the protection of workers as referred to in subparagraphs 1, 2 and 5 of Article 81 (1).

(3) No one other than trade unions established pursuant to this Act shall use the title of trade union.

Article 8 (Exemption from Taxation)

No taxes shall be imposed on a trade union under tax-related Acts, except for its affiliated business.

Article 9 (Prohibition of Discrimination)

A member of a trade union shall not be discriminated against on the ground of race, religion, sex, age, physical conditions, type of employment, political party, or social status.

SECTION 2 Establishment of Trade Union

Article 10 (Report on Establishment of Trade Union)

(1) Any person who intends to establish a trade union shall submit a report stating the following matters, accompanied by its bylaws provided for in Article 11 to the Minister of Employment and Labor in cases of the trade union in the form of the associated organization and the unit trade union extending over not less than two Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Province, to the Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors in cases of the unit trade union extending over not less than two Sis/Guns/Gus (referring to an autonomous Gu), and to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply in Article 12 (1)) in cases of any other trade unions:

1. Title of a trade union;

2. Location of the main office;

3. The number of union members;

4. Names and addresses of union officers;

5. Title of an associated organization to which it belongs, if any;

6. In cases of a trade union in the form of an associated organization, the titles of its constituent organizations, the number of union members, location of the main office, and the names and addresses of officers.

(2) A trade union in the form of an associated organization as referred to in paragraph (1) means an industrial associated organization, the members of which are unit trade unions in the same industry, or to a confederation of associated organizations, the members of which are industrial associated organizations or nationwide industrial unit trade unions.

Enforcement Ordinance

Article 7 (Report of Subsidiary Organizations)

A labor organization that is established at an independent business or workplace which has the right to determine the working conditions may, notwithstanding its name such as chapter or branch, report on the establishment of a trade union pursuant to Article 10 (1) of the Act.

Enforcement Ordinance

Article 8 (Relations, etc. of Trade Union with Its Affiliated Industrial Union or Federation)

(1) Where a unit trade union joins an industrial associated organization or where an industrial associated organization or a national-level industrial unit trade union joins the confederation of associated organization, the trade union in question shall fulfil in good faith such obligations as imposed by the bylaws of such industrial associated organization or the confederation of associated organization.

(2) The confederation of associated organization or the industrial associated organization may render cooperation, assistance or guidance to the trade unions that have joined it in respect of their activities.

(3) Deleted.

Article 11 (Bylaws)

Any trade union shall enter the matters falling under each of the following subparagraphs in its bylaws in order to guarantee an autonomous and democratic operation of its organization:

1. Title of a trade union;

2. Purposes and activities;

3. Location of the main office;

4. Matters concerning union members (in case of a trade union in the form of an associated organization, matters concerning its constituent organizations);

5. Title of an associated organization to which it belongs, if any;

6. Matters concerning a council of delegates, if any;

7. Matters concerning meetings;

8. Matters concerning the representatives and officers;

9. Matters concerning union dues and other accounting;

10. Matters concerning modification of the union bylaws;

11. Matters concerning dissolution;

12. Matters concerning the publication of the result of the vote for and against the industrial actions and the keeping and perusal of the roll of voters and ballot papers, etc.;

13. Matters concerning impeachment on representatives or officers for violation of the bylaws;

14. Matters concerning the procedures for election of officers and delegates;

15. Matters concerning discipline and control.

Article 12 (Issuance of Certificate of Report)

(1) Upon receiving a report on establishment as referred to in Article 10 (1), the Minister of Employment and Labor, the Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "administrative agencies") shall issue a certificate of report within three days, except for cases provided for in the former part of paragraph (2) and paragraph (3).

(2) When the administrative agencies deems it necessary that a report on establishment or bylaws of a trade union needs to be supplemented because of any omission or other reasons, they shall order a supplement thereof within a specified period of up to twenty days, as prescribed by Presidential Decree. In such cases, a certificate of report shall be issued within three days after receiving the supplemented report on establishment or bylaws.

(3) When a trade union which made a report of establishment falls under any of the following subparagraphs, the administrative agencies shall return the report of establishment they received:

1. When it falls under any item of subparagraph 4 of Article 2;

2. When it fails to supplement a report or bylaws within the specified period, notwithstanding an order of supplement issued pursuant to paragraph (2).

(4) When a trade union receives the certificate of report, it shall be deemed to have been established at the time the Minister of Employment and Labor received the report of establishment.

Enforcement Ordinance

Article 9 (Request, etc. for Supplementation of Report of Establishment)

(1) Where a report on the establishment of a trade union pursuant to Article 12 (2) of the Act falls under any of the following cases, the Minister of Employment and Labor, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the head of a Si/Gun/Autonomous Gu (hereinafter referred to as "administrative agencies") shall request that the report be supplemented:

1. Where the report of establishment is not accompanied by the bylwas or where there exists any omission or false facts in the entries of the report or bylaws;

2. Where the procedure for the election of executives or for the enactment of the bylaws violates Article 16 (2) through (4) or 23 (1) of the Act.

(2) Where, after a trade union has been delivered a certificate of report of establishment, there arise such grounds for returning the written report of establishment as falling under Article 12 (3) 1 of the Act, the administrative agencies may demand correction within the specified period of 30 days, and if the correction is not performed within the period.

(3) The administrative agencies shall, where they have delivered a certificate of report of establishment to a trade union or have notified, without delay notify the competent Labor Relations Commission and the employer of the business or the workplace in question or the employers’ association thereof.

Article 13 (Report, etc. of Modifications)

(1) A trade union shall make a report of modifications of contents to the administrative agencies within thirty days from the date when a change occurs in any of the matters falling under the following subparagraphs from among the matters reported with respect to establishment pursuant to Article 10 (1):

1. Title;

2. Location of the main office;

3. Name of its representative;

4. Title of an associated organization to which it belongs.

(2) A trade union shall notify the administrative agencies of the matters falling under the following subparagraphs by January 31st of each year: Provided, That this shall not apply to the matters of modified report in the preceding year under paragraph (1):

1. In case there was any modification in bylaws in the previous year, modified contents of bylaws;

2. In case an union officer was replaced in the previous year, the name of the replaced union officer;

3. The number of members (in case of a trade union in the form of an associated organization, the number of members in each constituent organization) as of December 31 of the previous year.

Enforcement Ordinance

Article 10 (Report, etc. of Modifications)

(1) A trade union shall, where it files a report of modifications in accordance with Article 13 (1) of the Act, attach the certificate of report to the written report of modifications.

(2) Where a trade union makes a report on moving the location of its principal office in accordance with Article 13 (1) 2 of the Act, moving the location of the principal office to an area that is under the jurisdiction of another administrative agency, it shall make a report of modifications to the administrative agency that has the jurisdiction over the new location.

(3) The administrative agencies shall, when they receive a written report of modifications in accordance with paragraph (1), deliver a certificate of report of modifications within three days.

(4) When a trade union notifies the administrative agencies of the number of members thereof as stipulated in Article 13 (2) 3 of the Act, it shall, in cases of a unit trade union comprised of workers of two or more businesses or workplaces, notify in respect of each of the businesses or workplaces.

SECTION 3 Management of Trade Union

Article 14 (Document to be Kept, etc.)

(1) A trade union shall prepare the following documents within thirty days after the date of its establishment, and keep them at its main office:

1. Register of union members (in case of a trade union in the form of an associated organization, the titles of its constituent organizations);

2. Union bylaws;

3. Names and addresses of union officers;

4. Minutes of meetings;

5. Financial records and documents.

(2) Documents as referred to in paragraph (1) 4 and 5 shall be kept for three years.

Article 15 (Holding of General Meeting)

(1) A trade union shall hold a general meeting at least once a year.

(2) The representative of the trade union shall be the chairman of the general meeting.

Article 16 (Matters Requiring Resolution by General Meeting)

(1) Matters falling under the following subparagraphs shall require resolutions by the general meetings:

1. The enactment and modification of the bylaws;

2. The election and discharge of the officers;

3. Collective bargaining;

4. Budgets or settlement of accounts;

5. The establishment, management, or disposal of fund;

6. The establishment and admission of an associated organization, and withdrawal therefrom;

7. Merger, division, or dissolution;

8. Structural changes;

9. Other important matters.

(2) The general meeting shall make resolutions with the attendance of a majority of all union members and with a concurrent vote of a majority of the members present: Provided, That matters concerning the enactment and modification of bylaws, the discharge of union officers, the merger, division, dissolution and structural change of a trade union shall be resolved with the attendance of a majority of all union members and a concurrent vote of two-thirds majority of the members present.

(3) Notwithstanding the provisions of the main sentence of paragraph (2), in case where in an election of union officers, any candidate does not obtain the consent of a majority of the union members present, a candidate with the highest votes in a run-off election may be elected in accordance with the bylaws.

(4) Matters concerning the enactment or modification of the bylaws, the election and discharge of union officers shall be decided by members by direct, secret, and unsigned ballot.

Article 17 (Council of Delegates)

(1) A trade union may, by its bylaws, establish a council of delegates, which may be substituted for a general meeting.

(2) Delegates shall be elected by members by direct, secret, and unsigned ballot.

(3) The term of office of the delegates shall be determined by the bylaws, but not exceeding three years.

(4) When there exists the council of delegates, the provisions regarding a general meeting shall apply mutatis mutandis to it.

Article 18 (Convocation of Extraordinary General Meeting, etc.)

(1) The representative of a trade union may, if deemed necessary, convene an extraordinary general meeting or an extraordinary council of delegates.

(2) When one-third or more of the union members or delegates (in case of a trade union in the form of an associated organization, one-third or more of its constituent organizations) present the matters to be referred to a meeting and require the convocation of the meeting, the representative of a trade union shall, without delay, convene an extraordinary general meeting or an extraordinary council of delegates.

(3) When the representative of a trade union intentionally avoids or neglects the convening of a meeting as provided for in paragraph (2), and then one-third or more of the union members or delegates submits a request for nomination of a person authorized to convene a meeting, the administrative agencies shall request the Labor Relations Commission to make a resolution within fifteen days and shall, upon the resolution of the Commission, nominate a person authorized to convene the meeting, without delay.

(4) When the trade union has no person authorized to convene a general meeting or a council of delegates, if one-third or more of the union members or delegates present the matters to be referred to a meeting and submit a request for the nomination of a person authorized to convene a meeting, the administrative agencies shall nominate that person within fifteen days.

Enforcement Ordinance

Article 11 (Notification of Order, etc.)

(1) The administrative agencies shall, in cases falling under one of the following subparagraphs, notify the representative of a trade union of the fact in writing:

1. Where they, pursuant to Article 18 (3) and (4) of the Act, appoint a person entitled to convoke a meeting;

2. Where they, pursuant to Article 21 (1) and (2) of the Act, issue a corrective order in respect of a bylaw, resolution or action of a trade union;

3. Where they, pursuant to Article 31 (3) of the Act, issue a corrective order in respect of an unlawful collective agreement;

4. Where they, pursuant to Article 36 (1) of the Act, make a decision on the regional binding force.

(2) The administrative agencies shall, in cases falling under paragraph (1) 3 and 4, notify the employer of the business or workplace in question or the employers’ association thereof.

Article 19 (Procedures for Convocation)

At least seven days prior to its commencement date of a meeting or council, a general meeting or council of delegates shall give public notice of the matters to be referred to said meeting or council for deliberation, and shall be convened in accordance with the methods as provided in the bylaws of a trade union: Provided, That in case where the trade union is composed of workers working in the same workplace, the said period of public notification may be reduced in accordance with its bylaws.

Article 20 (Special Provisions Concerning Right to Vote)

When a trade union is to make a resolution on a particular union member, he shall not have the right to vote so far as that resolution is concerned.

Article 21 (Correction of Bylaws and Resolutions or Measures)

(1) If deemed that the bylaws of a trade union conflict with any labor-related Act or subordinate statute, the administrative agencies may, with the resolution of the Labor Relations Commission, order the correction thereof.

(2) If deemed that a resolution or measure by a trade union conflicts with any labor-related Act or subordinate statute, or the union bylaws, the administrative agencies may, with the resolution of the Labor Relations Commission, order the correction thereof: Provided, That an order of correction shall be made only by the application of the interested party.

(3) A trade union shall, upon receiving an order of correction pursuant to paragraph (1) or (2), perform the order within 30 days: Provided, That, if any justifiable reason exists, the period may be extended.

Article 22 (Rights and Duties of Union Members)

All the union members shall have equal rights and duties to participate in all matters of the trade union: Provided, That a trade union may, under its bylaws, restrict the rights of those members who fail to pay union dues.

Article 23 (Election, etc. of Officers)

(1) Officers of a trade union shall be elected from among its members.

(2) The term of office of union officers shall be determined by union bylaws, but not exceeding three years.

Article 24 (Full-time Officer of Trade Union)

(1) If provided in a collective agreement or consented by employers, workers may be engaged exclusively in affairs of the trade union without providing the employer with work specified in their employment contracts.

(2) A worker who is engaged exclusively in affairs of the trade union pursuant to paragraph (1) (hereinafter referred to as "full-time officer) shall not be remunerated in any kind by the employer during the period of said exclusive engagement.

(3) An employer shall not restrict lawful trade union activities of full-time officers.

(4) Notwithstanding paragraph (2), where it is prescribed by a collective agreement or consented by an employer, workers may conduct affairs prescribed by this Act or other laws and affairs of maintaining and managing a trade union for the healthy development of labor-management relations without loss of wages, such as consultation or bargaining with an employer, grievance settlement, or industrial safety activities, within the maximum time-off limit (hereinafter referred to as "maximum time-off limit") prescribed by Article 24-2 in consideration of the number of members, etc. of a trade union by business or by place of business.

(5) A trade union shall not request the payment of wages, in violation of paragraphs (2) and (4), and shall not take any industrial actions for the purpose of realization of such intention.

Article 24-2 (Time-Off System Deliberation Committee)

(1) In order to determine the maximum time-off limit, the Time-Off System Deliberation Committee (hereinafter referred to as "Committee") shall be established in the Ministry of Employment and Labor.

(2) The maximum time-off limit as deliberated on and decided by the Committee shall be announced by the Minister of Employment and Labor and may be determined following redeliberation on whether the limit is appropriate every three years.

(3) The Committee shall be comprised of five members recommended by the labor community, five members recommended by the management community, and five members representing the public interest recommended by the Government.

(4) The chairperson shall be elected by the Committee from among the members representing the public interest.

(5) The resolutions of a Committee meeting shall be adopted by the attendance of a majority of all members and by the concurrence of a simple majority of those present.

(6) Matters necessary for the qualification and appointment of members and operation, etc. of the Committee shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 1, 2010]

Enforcement Ordinance

Article 11-2 (Maximum Time-Off Limit)

When the Time-Off System Deliberation Committee (hereinafter referred to as the "Committee") pursuant to Article 24-2 (1) of the Act determines the maximum time-off limit pursuant to paragraph (2) of the same Article, the Committee may determine the number of hours and persons who may use such hours in consideration of the number of all union members of a business or place of business and the scope of the relevant affairs, etc. pursuant to Article 24 (2) of the Act.

[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]

Enforcement Ordinance

Article 11-3 (Commission of Members of Committee)

(1) The members of the Committee shall be commissioned by the Minister of Employment and Labor.

(2) Among the members of the Committee, members commissioned on the recommendation of the labor community pursuant to Article 24-2 (3) of the Act shall be commissioned from among those recommended by nationwide labor organizations and those commissioned on the recommendation of the business community shall be commissioned from among those recommended by the nationwide employers' organizations.

[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]

Enforcement Ordinance

Article 11-4 (Qualifications for Members of Committee)

(1) The qualifications for those who may be recommended as members of the Committee by the organization pursuant to Article 11-3 (2) shall be as follows:

1. Former or present officers of the relevant organization;

2. Experts on labor issues.

(2) Among the members of the Committee, the qualifications for those who may be recommended as members representing the public interest pursuant to Article 24-2 (3) of the Act shall be as follows:

1. Persons who majored in labor studies and have worked not less than five years with colleges pursuant to subparagraphs 1, 2 and 5 of Article 2 of the Higher Education Act as faculty pursuant to the Article 14 (2) of the same Act or with authorized research institutes as researchers;

2. Persons who were public officials of Grade 3 or equivalent to or higher than Grade 3 and have abundant knowledge and experience in labor issues;

3. Other persons who are recognized to have knowledge and experience falling under subparagraphs 1 and 2.

[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]

Enforcement Ordinance

Article 11-5 (Term of Office of Members of Committee)

(1) The term of office of a member of the Committee shall be two years.

(2) Where the office of a member of the Committee becomes vacant, the term of office of a member who has filled a vacancy shall be the remaining period of the term of office of his predecessor.

(3) Even if the term of office of a member of the Committee has expired, the member shall continue to perform his/her duties until a successor is commissioned.

[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]

Enforcement Ordinance

Article 11-6 (Operation of Committee)

(1) When the Committee receives a request for deliberation from the Minister of Employment and Labor in order to determine the maximum time-off limit, it shall deliberate and decide thereon within 60 days from the date it receives such request for deliberation.

(2) In order to perform the business affairs of the Committee, one executive secretary shall be assigned to the Committee from among public officials not lower than Grade 4 of the competent department of affairs related to the Committee of the Ministry of Employment and Labor.

(3) A member of the Committee may be paid allowances necessasry for performing his/her duties and travel expenses within budget limits.

(4) The chairperson of the Committee may, if necessary, have public officials performing the affairs related to the Committee, from among public officials of the Ministry of Employment and Labor and the relevant administrative agency, attend and speak at a meeting of the Committee.

(5) Expert committee members may be assigned to the Committee in order to perform specialized investigations and research in the Time-Off System.

(6) In addition to the matters prescribed in this Decree, those necessary for the operation of the Committee shall be prescribed by the Minister of Employment and Labor after hearing opinions of the Committee.

[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]

Article 25 (Auditing of Account Records)

(1) The representative of a trade union shall have an auditor conduct, at least once every six months, an audit of all financial resources of the trade union and their uses, names of major contributors, and current financial and accounting status, and shall disclose the results thereof to all the union members.

(2) The auditor of a trade union may, at any time if deemed necessary, conduct an audit of the trade union, and disclose the results thereof.

Article 26 (Disclosure of Status of Operation)

The representative of a trade union shall notify the results of settlement of accounts and a status of operation of the trade union every fiscal year, and shall, at the request of any union member, allow him to inspect them.

Article 27 (Submission of Information)

A trade union shall, at the request of the administrative agencies, make a report on the results of settlement of accounts and a status of operation of the trade union.

Enforcement Ordinance

Article 12 (Demand for Submission of Materials)

The administrative agencies shall, where they intends to receive a report from a trade union on the settlement of accounts or on the operational situation pursuant to Article 27 of the Act, demand the trade union in writing ten days in advance by specifying the grounds and other necessary matters.

SECTION 4 Dissolution of Trade Union

Article 28 (Causes for Dissolution)

(1) A trade union shall be dissolved for any reason falling under the following subparagraphs:

1. When any cause for dissolution exists as prescribed by its bylaws;

2. When it is extinguished due to merger or division;

3. When a general meeting or council of delegates has a resolution to dissolve it;

4. When it is deemed to have no officers and not to have carried out any activity as a trade union for not less than one year, and the administrative agencies obtains resolution of the Labor Relations Commission upon its dissolution.

(2) When a trade union is dissolved for any reason as referred to in paragraph (1) 1 through 3, its representative shall make a report on the fact of the dissolution to the administrative agencies within 15 days from the date of the dissolution.

Enforcement Ordinance

Article 13 (Resolution, etc. of Dissolution of Labor Relations Commission)

(1) "When it is deemed to have no officers and not to have carried out any activity as a trade union for not less than one year" in Article 28 (1) 4 of the Act means such cases as where, for a period of one year or longer, no membership fees have been collected from the members of the trade union or no general meeting or delegates’ meeting has been convoked.

(2) Where any ground for dissolution of a trade union as stipulated in Article 28 (1) 4 of the Act arises, the union shall be regarded as being dissolved at the time when an administrative agency obtains a resolution of the competent Labor Relations Commission.

(3) The Labor Relations Commission shall not, in passing a resolution referred to in paragraph (2), take into account the activities of the trade union in question after the date of the occurrence of such grounds for dissolution as stipulated in Article 28 (1) 4 of the Act.

(4) The administrative agencies shall, when the Labor Relations Commission introduces such a resolution as stipulated in Article 28 (1) 4 of the Act or when they receive such report of dissolution as stipulated in paragraph (2) of the same Article, notify without delay the competent Labor Relations Commission (limited to cases where such report of dissolution as stipulated in Article 28 (2) of the Act has been received), the employer of the business or workplace in question or the employers association of the fact.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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