(1) A trade union or an employers' association (hereinafter referred to as "party to labor relations") shall, when it delegates authority to negotiate or conclude a collective agreement pursuant to Article 29 (3) of the Act, specify the matters subject to negotiation and the scope of delegated authorities. ≪Enforcement Date: Jul. 1, 2011≫

(2) A party to labor relations shall, when the party notifies other parties of the fact of delegation pursuant to Article 29 (4) of the Act, include the matters listed in the following subparagraphs: ≪Enforcement Date: Jul. 1, 2011≫

1. Name of the person to be delegated (if the person to be delegated is an organization, the name of the organization and the name of the representative thereof);

2. The substance of delegation, such as the matters of negotiation and the scope of competence.

(1) Where a collective agreement exists in the relevant business or place of business, a trade union may request an employer to bargain from three months prior to the expiration date of the term of validity thereof pursuant to Article 29 (1) or 29-2 (1) of the Act: Provided, That where not less than two collective agreements exist, the trade union may request the employer to bargain from three months prior to the expiration date of the term of validity of a collective agreement which comes first.

(2) When a trade union requests an employer to bargain pursuant to paragraph (1), it shall do so in writing stating matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union, the number of union members who works in the workplace , etc. as of the date it requests such bargaining.

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

(1) When an employer has received a request for bargaining from a trade union pursuant to Article 14-2, the employer shall make a public announcement of the matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union which has requested such bargaining, on bulletin boards, etc. in the relevant business or place of business for seven days from the date the employer receives such request so that any other trade union and workers may know such fact.

(2) Where an employer fails to make a public announcement of a fact of request for bargaining pursuant to paragraph (1) or makes a public announcement different from a fact, a trade union may request the relevant Labor Relations Commission to correct it, as prescribed by Ordinance of the Ministry of Employment and Labor.

(3) When a Labor Relations Commission receives a request for correction pursuant to paragraph (2), it shall decide thereon within ten days from the date it receives such a request.

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

Where there is a trade union which has requested an employer to bargain pursuant to Article 14-2, another trade union which intends to bargain with the employer shall request the employer to bargain in written statement in which matters pursuant to Article 14-2 (2) are mentioned, within the period of public announcement pursuant to Article 14-3 (1).

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

(1) An employer shall decide on a trade union which has requested bargaining and notify thereof pursuant to Articles 14-2 and 14-4 on the day after the period of public announcement pursuant to Article 14-3 (1) has expired, and make a public announcement of the matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union which has requested such bargaining and the number of union members who works in the workplace as of the date it has requested such bargaining, for five days.

(2) Where a trade union which has requested bargaining pursuant to Articles 14-2 and 14-4 deems that the details of public announcement of the trade union pursuant to paragraph (1) are different from the details it submitted or have not been publicly announced, it may raise an objection to an employer during the period of public announcement pursuant to paragraph (1).

(3) Where an employer deems the details of an objection raised under paragraph (2) appropriate, the employer shall give notice to the trade union which has raised such objection as failed for five days from the date the period of public announcement pursuant to paragraph (1) expires.

(4) Where an employer has taken measures according to the following classifications for an objection raised pursuant to paragraph (2), the relevant trade union may request a Labor Relations Commission to make a correction within five days from the date specified in the relevant subparagraph, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. Where an employer fails to make a public announcement pursuant to paragraph (3): The day after the period of public announcement pursuant to paragraph (1) expires;

2. Where an employer makes a public announcement pursuant to paragraph (3) differently from the details of an objection raised by the relevant trade union: The date the period of public announcement pursuant to paragraph (3) expires.

(5) When a Labor Relations Commission has received a request for correction pursuant to paragraph (4), it shall decide thereon within ten days from the date it receives such request.

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

(1) Where a trade union determined or decided on as a trade union which has requested bargaining pursuant to Article 14-5 intends to decide on a representative bargaining trade union autonomously pursuant to Article 29-2 (2) of the Act, it shall notify an employer of the representative, walking delegates, etc. of the representative bargaining trade union by a deadline which is 14 days after the date of determination or decision pursuant to Article 14-5 by signing or affixing seals jointly.

(2) After a representative bargaining trade union has notified an employer pursuant to paragraph (1), even if some trade unions of the trade unions which have participated in the procedures for decision on the representative bargaining trade union do not participate in the procedures thereafter, the status of the representative bargaining trade union pursuant to Article 29 (2) of the Act shall be maintained.

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

(1) Where trade unions fail to decide on a representative bargaining trade union pursuant to Article 29-2 (2) of the Act and Article 14-6 of this Decree, a trade union (including cases where not less than two trade unions make the majority of the whole members of the trade unions participating in the procedures for simplification of bargaining windows by method of delegation, coalition, etc.; hereinafter referred to as "major trade union") comprised of the majority of the whole members of all the trade unions which have participated in the procedures for simplification of bargaining windows (hereinafter referred to as "procedures for simplification of bargaining windows") pursuant to Article 29-2 (2) of the Act shall notify an employer of the name of the trade union, the representative and a fact that it is the major trade union , etc. within five days from the date when the time limit pursuant to Article 14-6 (1) expires.

(2) When an employer has been notified of a major trade union pursuant to paragraph (1), the employer shall make a public announcement of such details for five days from the date the employer is notified so that other trade unions and workers may know it.

(3) Any trade union which intends to raise an objection against the majority to a major trade union publicly announced pursuant to paragraph (2) shall file a formal objection with a Labor Relations Commission within the period of public announcement, as prescribed by Ordinance of the Ministry of Employment and Labor. Where no objection is raised, such major trade union shall be determined as a representative bargaining trade union.

(4) When a Labor Relations Commission receives a formal objection pursuant to paragraph (3), it shall notify all trade unions which have participated in the procedures for simplifying bargaining windows and an employer, and investigate and confirm the number of union members by having the said trade unions and the employer submit documents prescribed by Ordinance of the Ministry of Employment and Labor, such as a register of union members (limited to that signed and sealed by union members), or attend.

(5) The base date of cases where the number of union members are confirmed pursuant to paragraph (4) shall be the date when the name of a trade union which has requested bargaining pursuant to Article 14-5 (1) or such are publicly announced.

(6) Where a Labor Relations Commission confirms the number of union members pursuant to paragraph (4), it shall, with regard to union members who have joined not less than two trade unions, calculate the number of union members by a method under the classification referred to in the following subparagraphs for each of such union members:

1. Where union dues are paid to one trade union: The number 1 shall be added to the number of union members of a trade union to which union dues are paid;

2. Where union dues are paid to not less than two trade unions: The number calculated by dividing the number 1 by the number of trade unions to which union dues are paid shall be added respectively to the number of union members of each trade union to which such union dues are paid;

3. Where there is not a trade union to which union dues are paid: The number calculated by dividing the number 1 by the number of trade unions which a union member has joined shall be added respectively to the number of union members of each trade union which the union member has joined.

(7) Where a trade union or an employer fails to comply with a necessary investigation, such as a request for presentation of documents pursuant to paragraph (4), a Labor Relations Commission shall confirm the number of union members by calculating it according to standards prescribed by Ordinance of the Ministry of Employment and Labor.

(8) Where a Labor Relations Commission deems that a major trade union exists as a result of the investigation and confirmation pursuant to paragraphs (4) through (7), it shall determine such major trade union as a representative bargaining trade union within ten days from the date it receives the formal objection and notify all the trade unions which have participated in the procedures for simplification of bargaining windows and an employer thereof: Provided, That where it is difficult to confirm the number of union members within such period, such period may be extended once up to ten days.

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

(1) Where a representative bargaining trade union has not been determined pursuant to Article 29-2 (3) and (4) of the Act, trade unions entitled to participate in the joint bargaining delegation pursuant to paragraph (5) of the same Article shall, in order to bargain with an employer, organize the joint bargaining delegation, such as the representative, walking delegates or such of the joint bargaining delegation, within the period under the classification referred to in the following subparagraphs and notify the employer thereof by signing or affixing seals jointly:

1. Where a notice pursuant to Article 14-7 (1) is not given and a public announcement pursuant to paragraph (2) of the same Article is not made since there is no major trade union: For ten days from the date when the time limit pursuant to Article 14-6 (1) expires;

2. Where a Labor Relations Commission determines that there is no major trade union pursuant to Article 14-7 (9): For five days from the date when a Labor Relations Commission notifies the decision pursuant to Article 14-7 (8).

(2) After the joint bargaining delegation notifies an employer pursuant to paragraph (1), even if some trade unions of the trade unions which have participated in the procedures for decision on such joint bargaining delegation do not participate in the procedures thereafter, the status of the representative bargaining trade union pursuant to Article 29 (2) of the Act shall be maintained.

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

(1) Where trade unions fail to reach an agreement on the organization of the joint bargaining delegation pursuant to Article 29-2 (4) of the Act and Article 14-8 (1) of this Decree, all or some of the trade unions entitled to participate in the organization of the joint bargaining delegation shall file an application for determination of the organization of the joint bargaining delegation with a Labor Relations Commission pursuant to Article 29-2 (5) of the Act.

(2) When a Labor Relations Commission receives an application for determination of the organization of the joint bargaining delegation pursuant to paragraph (1), it shall determine the number of persons for each trade union participating in the joint bargaining delegation of ten or less persons in total in consideration of the ratio of the number of union members of each trade union to the total number of union members within ten days from the date it receives such application and notify each trade union and an employer thereof: Provided, That where it finds difficulty in making a determination within such period, such period may be extended once up to ten days.

(3) The determination of the joint bargaining delegation pursuant to paragraph (2) shall be based on the ratio of the number of union members submitted by all the trade unions entitled to participate in the joint bargaining delegation. Where all or some of the trade unions raise an objection against the number of union members and ratio, Article 14-7 (4) through (7) shall apply mutatis mutandis.

(4) The trade unions participating in the organization of the joint bargaining delegation shall, in order to bargain with an employer, select walking delegates respectively equivalent to the number of persons determined by a Labor Relations Commission pursuant to paragraph (2) and notify the employer thereof.

(5) When organizing the joint bargaining delegation pursuant to paragraph (4), the trade unions participating in the joint bargaining delegation shall determine the representative of such joint bargaining delegation by mutual consent: Provided, That where the trade unions fail to reach an agreement, the representative of a trade union which has the largest number of union members shall be the representative of the joint bargaining delegation.

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

(1) A representative bargaining trade union determined pursuant to Article 29-2 (2) through (5) of the Act shall maintain the status of such representative bargaining trade union from the time when it is determined so to the date according to the classification referred to in the following subparagraphs, and, where a new representative bargaining trade is determined, it shall maintain the status of the representative bargaining trade union until such a new representative bargaining trade union is determined:

1. Where the term of validity of the first collective agreement a representative bargaining trade union concludes with an employer after becoming a representative bargaining trade union is two years: The expiration date of the term of validity of such a collective agreement;

2. Where the term of validity of the first collective agreement a representative bargaining trade union concludes with an employer after becoming a representative bargaining trade union is less than two years: Two years after the date such collective agreement comes into force.

(2) Where a new representative bargaining trade union is not determined notwithstanding the fact that the maintenance period of the status of a representative bargaining trade union pursuant to paragraph (1) has expired, the existing representative bargaining trade union shall maintain the status of the representative bargaining trade union in connection with the implementation of the existing collective agreement until a new representative bargaining trade union is determined.

(3) Where a representative bargaining trade union determined pursuant to Article 29-2 of the Act fails to conclude a collective agreement for one year from the date determined so, any trade union may request an employer to bargain. In such cases, Articles 14-2 (2) and 14-3 through 14-9 shall apply.

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

(1) Where a trade union or employer intends to bargain by dividing bargaining units pursuant to Article 29-3 (2) of the Act, the trade union or the employer may file an application for determination of division of bargaining units with a Labor Relations Commission during a period falling under any of the following subparagraphs:

1. Before an employer makes a public announcement of the fact of request for bargaining pursuant to Article 14-3;

2. Where an employer has made a public announcement of the fact of request for bargaining pursuant to Article 14-3, after the date on which a representative bargaining trade union pursuant to Article 29-2 of the Act is determined.

(2) When a Labor Relations Commission receives an application for determination of division of bargaining units pursuant to paragraph (1), it shall notify all the trade unions and an employer of the relevant business or place of business of such details, and such trade unions and employer may present their opinions until the period designated by the Labor Relations Commission.

(3) A Labor Relations Commission shall determine division of bargaining units within 30 days from the date it receives an application pursuant to paragraph (1) and notify all trade unions and employers of the relevant business or place of business thereof.

(4) Where a trade union is notified of the determination of division of bargaining units from a Labor Relations Commission pursuant to paragraph (3),a trade union which intends to bargain with an employer may, when there exists a collective agreement in a bargaining unit to which it belongs, request bargaining in writing stating necessary matters pursuant to Article 14-2 (2) from three months prior to the expiration date of the term of validity of such collective agreement.

(5) When a trade union requests bargaining pursuant to Article 14-2 before a Labor Relations Union decides on an application for determination of division of bargaining units pursuant to paragraph (1), the proceeding of procedures for simplifyingf bargaining windows, such as a public announcement of the fact of request for bargaining pursuant to Article 14-3, shall be suspended until a determination of division of bargaining units pursuant to Article 29-3 (2) of the Act is made.

(6) In addition to the matters prescribed by paragraphs (1) through (5), matters necessary for an application for determination of division of bargaining units and a decision, etc. on such application shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

(1) Where a representative bargaining trade union determined pursuant to Article 29-2 of the Act and an employer discriminate in violation of Article 29-4 (1) of the Act, a trade union may file an application for correction of violation of duties of fair representation with a Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) When a Labor Relations Commission receives an application for correction of violation of duties of fair representation pursuant to paragraph (1), it shall make a necessary investigation and examine the interested party without delay.

(3) When a Labor Relations Commission make an examination pursuant to paragraph (2), it may examine necessary matters by having a witness attend, on application of the interested party or ex officio.

(4) When a Labor Relations Commission makes an examination pursuant to paragraph (2), it shall give the interested party sufficient opportunities to present evidences and cross-examine a witness.

(5) A Labor Relations Commission shall issue orders for or makes a decision on application for correction of violation of duties of fair representation pursuant to paragraph (1) in writing and notify a representative bargaining trade union, employer and trade union which has applied for such correction in writing respectively.

(6) Detailed procedures for the investigations and examinations on application for correction of violation of duties of fair representation pursuant to paragraph (1) filed by a Labor Relations Commission shall be separately prescribed by the National Labor Relations Commission.

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

The report of a collective agreement stipulated under Article 31 (2) of the Act shall be conducted in joint signature of both parties.

The request for interpretation of a collective agreement or for statement of views on the method of performance of a collective agreement as stipulated under Article 34 (1) of the Act shall be made in writing by entering the contents of the agreement and the opinions of the parties.