Employers shall not conduct any act falling under any of the following subparagraphs (hereinafter referred to as an "unfair labor practice"):

1. Dismissal or unfavorable treatment of a worker on grounds that he has joined or intends to join a trade union, or have attempted to organize a trade union, or have performed any other lawful act for the operation of a trade union;

2. Employment of a worker on condition that he/she should not join or should withdraw from, a trade union, or on condition that he/she should join a particular trade union: Provided, That where a trade union represents two-thirds or more of the workers working in the workplace concerned, a conclusion of a collective agreement under which a person is employed on condition that he/she should join the trade union shall be allowed as an exceptional case, and, in such cases, an employer may not do any act disadvantageous to the status of a worker on the grounds that the worker is expelled from the trade union or that the worker organizes a new trade union or joins another trade union after withdrawing from the trade union;

3. Refusal or delay of the execution of a collective agreement or other collective bargaining with the representative of a trade union or with a person authorized by the trade union, without any justifiable reason;

4.Dominating or intervening in the organization or operation of a trade union by workers, providing wages to a predecessor of the trade union, or assisting the trade union's operating expenses: Provided, That employers are free to allow workers to engage in activities pursuant to Article 24 (4) during working hours; it is not limited to contributing funds for the prevention of welfare benefits, economic violations, etc. of workers, the provision of minimum-scale trade union offices, and other similar acts of operating expenses to the extent that there is no risk of violating the independent operation or activities of a trade union; ;

5. Dismissal of workers or acts against their interests on the ground that they have participated in justifiable collective activities, or that they reported to or testified before the Labor Relations Commission the fact that the employer has violated the provisions of this Article, or that they have presented other evidences to the relevant administrative agencies.

(2) When determining the "risk of impairing the autonomous operation or activities of a trade union" in the proviso to paragraph (1) 4, the union shall take the following matters into consideration:

1. Objectives and details of providing assistance in operating expenses;

2. Number of times and period of the originally financed operation expenses;

3. Amount of the assistance operating expenses and method of assistance;

4. Ratio of the operating expenses subsidized to the total income of a trade union;

5. A method of managing subsidies for operating expenses and places to use such subsidies.

[This Article is amended on Jun. 9, 2020 in accordance with the Constitutional Court's decision of May, 31, 2018 that held this paragraph unconstitutional and inconsistent with the Constitution]

(1) A worker or trade union may make an application for remedy to the Labor Relations Commission concerned on the ground that his rights has been infringed by an unfair labor practices on the part of the employer.

(2) Application for remedy as referred to in paragraph (1) shall be made within three months from the date of occurrence of the unfair labor practice concerned (where any such practice is in progress, from the date of its termination).

(1) Upon receiving the application for remedy as referred to in Article 82, the Labor Relations Commission concerned shall conduct a necessary investigation and inquiry of the persons involved without delay.

(2) When conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission may, at the request of any one of the parties concerned or ex officio, have a relevant witness appear before the Labor Relations Commission and ask questions on the pertinent matters.

(3) In conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission shall give the parties concerned adequate opportunities to present evidence and to cross-examine a witness.

(4) Procedures pertaining to the investigation and inquiry by the Labor Relations Commission as referred to in paragraph (1) shall be followed as separately stipulated by the National Labor Relations Commission.

(1) In cased of judging that the employer has committed any unfair labor practice after completing the inquiry as referred to in Article 83, the Labor Relations Commission shall issue an order of remedy to the employer, otherwise it shall make a decision to dismiss the application for remedy.

(2) Judgments, orders, or decisions as referred to in paragraph (1) shall be made in writing, and shall be delivered to the pertinent employer and the applicant, respectively.

(3) When the order as referred to in paragraph (1) is issued, the parties concerned shall comply with it.

(1) When any of the parties challenges an order of remedy or dismissal decision by the Regional Labor Relations Commission or by the Special Labor Relations Commission, he may make an application for review of said order or decision to the National Labor Relations Commission within ten days from the date of receiving the notice of order or decision.

(2) Any of the parties concerned may institute an administrative suit in accordance with the Administrative Litigation Act, against a decision on review made by the National Labor Relations Commission under paragraph (1) within 15 days from the date of receiving the notice of the decision on review.

(3) Unless an application for review or an administrative suit has been made within the period specified in paragraphs (1) and (2), the order of remedy, dismissal decision, or decision on review shall be final and decisive.

(4) When a dismissal decision or decision on review as referred to in paragraph (3) is final and decisive, the parties concerned shall comply with it.

(5) When an employer has instituted an administrative suit pursuant to paragraph (2), the competent court may, by its decision at the request of the National Labor Relations Commission, order the employer to perform all or part of the order of remedy made by the National Labor Relations Commission until the judgment of the court is rendered, and may also, at the request of any of the parties concerned or ex officio, revoke such decision.

The effect of an order of remedy, dismissal decision, or decision on review made by the Labor Relations Commission shall not be suspended by an application for review to the National Labor Relations Commission or by the institution of an administrative suit as prescribed in Article 85.