Article 37 (Basic Principles of Industrial Actions)

(1) Any industrial action shall not be inconsistent with the Acts and subordinate statutes or other social order with respect to its purpose, method and procedure.

(2) No member of a trade union shall take part in any industrial action which is not led by the trade union.

Article 38 (Guidance and Responsibility of Trade Union)

(1) An industrial action shall not be conducted in such a manner that it interferes with entry, work or other normal services by persons who are not related to it or persons who intend to provide work, and any resort to violence or any threat to appeal for or persuade into participating in the industrial action shall not be used.

(2) Any work, the purpose of which is to prevent operational equipment from being damaged, or to prevent raw materials or products from being impaired or deteriorated shall be normally conducted during a period of industrial actions.

(3) A trade union shall have responsibility to guide, manage and supervise industrial actions so as to be lawfully conducted.

Enforcement Ordinance

Enforcement Ordinance

Article 39 (Restriction on Detention of Workers)

Except for a criminal caught on the spot, workers shall not be detained for any violation of this Act during a period of industrial actions.

Article 40 Deleted.

Article 41 (Restriction and Prohibition of Industrial Actions)

(1) A trade union shall not conduct industrial actions, unless decided with concurrent votes of a majority of the union members by a direct, secret, and unsigned ballot. Where a representative bargaining trade union has been determined pursuant to Article 29-2, any industrial action shall not be taken unless it is determined with the consent of a majority by a direct, secret and unsigned ballot of the total members (limited to members belonging to the relevant business or place of business) of the trade unions which have participated in such procedures.

(2) From among workers engaged in a major business of the national defense industry designated by the Defense Acquisition Program Act, those who are involved in production of electricity, water, or a work of mainly producing national defense goods shall not conduct industrial actions, and the scope of those who are involved in a work of mainly producing national defense goods shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 42 (Prohibition of Acts of Violence, etc.)

(1) Industrial actions shall not be conducted by resorting to violence or destruction or by occupying facilities related to production or other major work or other facilities equivalent thereto as prescribed by Presidential Decree.

(2) Industrial actions shall not be conducted to stop, close, or interrupt the normal maintenance and operation of facilities installed to protect safety of workplaces.

(3) The administrative agencies shall, if they deem that any industrial action falls under any of them as referred to in paragraph (2), serve notice that such industrial action shall be halted in compliance with the resolution of the Labor Relations Commission: Provided, That they may serve notice that such action shall be immediately halted without waiting for the resolution of the Labor Relations Commission in cases of any urgent circumstances where there is no enough time to seek such resolution from the Labor Relations Commission.

(4) In cases of the proviso to paragraph (3), the administrative agencies shall, immediately after they serve the notice, obtain ex post facto approval from the Labor Relations Commission, otherwise the notice shall become ineffective at the moment of not obtaining the said approval.

Enforcement Ordinance

Enforcement Ordinance

Article 42-2 (Restrictions on Industrial Actions Affecting Essential Business)

(1) The term "essential business" in this Act means the business whose suspension or discontinuance may seriously endanger the safety of the lives, health or bodies of the public and the daily life of the public and which is prescribed by Presidential Decree, from among the essential public-service businesses provided for in Article 71 (2).

(2) The acts of stopping, discontinuing or impeding the justifiable maintenance and operation of the essential business shall be the prohibited industrial actions.

[This Article Newly Inserted by Act No. No. 8158, Dec. 30, 2006]

Enforcement Ordinance

Article 42-3 (Agreement on Essential Business)

The parties of labor relations shall conclude an agreement in writing that stipulates the necessary minimum level of maintenance and operation of the essential business, duties and the necessary number of workers, etc. in order to justifiably maintain and operate the essential business during the period of industrial actions (hereinafter referred as "agreement on the essential business"). In such cases, both of the parties to labor relations shall affix their signatures and seals to the agreement on the essential business.

[This Article Newly Inserted by Act No. 8158, Dec. 30, 2006]

Article 42-4 (Decision on Levels of Maintenance and Operation of Essential Business)

(1) Both parties or one party to labor relations shall, when the agreement on the essential business is not concluded, file an application with the Labor Relations Commission for determining the necessary minimum level of the maintenance and operation of the essential business, applicable duties and the necessary number of workers, etc.

(2) Upon receiving the application referred to in paragraph (1), the Labor Relations Commission may determine the necessary minimum level of the maintenance and operation of the essential business, applicable duties and the necessary number of workers, etc. taking into account the characteristics and contents, etc. of the essential business by business or business place.

(3) The special arbitration committee provided for in Article 72 shall be put in charge of implementing the determination made by the Labor Relations Commission pursuant to paragraph (2).

(4) Where the opinions of the parties concerned fail to agree on the interpretation of or ways to implement the determination made by the Labor Relations Commission pursuant to paragraph (2), the interpretation of the special arbitration committee shall prevail over the difference. In such cases, the interpretation of the special arbitration committee shall have the same effect as that of the determination made by the Labor Relations Commission pursuant to paragraph (2).

(5) Article 69 and 70 (2) shall apply mutatis mutandis to the procedures for objecting against the determination made by the Labor Relations Commission pursuant to paragraph (2) and the effect of the objection.

[This Article Newly Inserted by Act No. No. 8158, Dec. 30, 2006]

Enforcement Ordinance

Article 42-5 (Industrial Actions according to Determination Made by Labor Relations Commission)

Where the Labor Relations Commission determines pursuant to Article 42-4 (2), an industrial action is performed according to the determination, it shall be deemed that the industrial action is performed while justifiably maintaining and operating the essential business.

[This Article Newly Inserted by Act No. No. 8158, Dec. 30, 2006]

Article 42-6 (Designation of Workers Who Work for Essential Business)

(1) Where the agreement on the essential business is concluded or the Labor Relations Commission determines pursuant to Article 42-4 (2), a trade union shall notify the relevant employer of its members who will work during the period of an industrial action from among its members who work for the essential business, and the relevant employer shall, upon receiving the notification, designate the workers and then notify the relevant trade union and the designated workers of his designation: Provided, That where the trade union fails to make such notification before the trade union goes on the industrial action, the employer shall designate the workers who work for the essential business and then notify the relevant trade union and the designated workers of his designation.

(2) When notifying and designating pursuant to paragraph (1), where trade unions to which workers engaged in essential business belong are not less than two, a trade union and an employer shall consider the ratio of members engaged in the essential business of each trade union.

[This Article Newly Inserted by Act No. No. 8158, Dec. 30, 2006]

Article 43 (Restriction on Hiring by Employer)

(1) An employer shall not hire or substitute any person not related to the relevant business during a period of industrial actions in order to continue works which have been interrupted by the industrial actions.

(2) An employer shall not, during a period of industrial actions, contract or subcontract works which have been interrupted by the industrial actions.

(3) Paragraphs (1) and (2) shall not apply to cases where the employer of the essential public-service business hires or replaces any person who has nothing to do with the relevant business or contracts or subcontracts his essential public-service business.

(4) In cases of paragraph (3), the employer may hire or replace workers within the scope of not exceeding 50/100 of the workers of his business or his business place, who participate in strike, or contract or subcontract his essential public-service business. In such cases, ways, etc. to calculate the number of workers participating in the strike shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 44 (Prohibition of Demand for Wages Payment during Period of Industrial Actions)

(1) An employer shall have no obligation to pay wages during a period of industrial actions to workers who did not provide labor because of their participation in industrial actions.

(2) A trade union shall not conduct industrial actions in order to demand and secure wages payment for a period of industrial actions.

Article 45 (Adjustment Preceding System)

(1) Upon the occurrence of a labor dispute, one party to labor relations shall notify thereof to the other party in writing.

(2) Any industrial action shall not be conducted without completing adjustment procedures (excluding the adjustment procedures after a decision is made to end the adjustment pursuant to Article 61-2) as referred to in Sections 2 through 4 of Chapter V: Provided, That this shall not apply to cases where adjustment is not finished within the period as provided in Article 54 or where an arbitration award is not made within the period under Article 63.

Article 46 (Requirements for Lock-out)

(1) An employer may conduct a lock-out only after the trade union commences an industrial action.

(2) In cases of lock-out under paragraph (1), an employer shall report the lock-out, in advance, to the administrative agencies and the Labor Relations Commission.