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

CHAPTER Ⅶ Supplementary Provisions

Article 87 (Delegation of Authority)

The Minister of Employment and Labor may delegate part of his authority under this Act to a chief of a regional labor agency, as prescribed by Presidential Decree.

Enforcement Ordinance

Article 33 (Delegation, etc. of Authority)

(1) Pursuant to Article 87 of the Act, the Minister of Employment and Labor shall delegate his/her authority for the following matters to the head of the regional employment and labor office having jurisdiction over the location of the principal office of a trade union: Provided, That the authority for a trade union in the form of an associated organization and a nationwide, industrial unit trade union shall be excluded therefrom.

1. Acceptance of a report of establishment of a trade union under Article 10 (1) of the Act;

2. Issuance, request for supplementation and rejection of a certificate of report under Article 12 of the Act;

3. Acceptance of a report of modifications under Article 13 (1) of the Act;

4. Receipt of a notification under Article 13 (2) of the Act;

5. Request for resolution of the Labor Relations Commission and nomination of a person entitled to convoke extraordinary general meetings, etc. under Article 18 (3) and (4) of the Act;

6. Orders to correct the bylaw, resolutions and dispositions under Article 21 of the Act;

7. Request for submission of materials under Article 27 of the Act;

8. Request for resolution of the Labor Relations Commission under Article 28 (1) 4 of the Act and acceptance of a report of dissolution under paragraph (2) of the same Article;

9. Acceptance of a report of a collective agreement under Article 31 (2) of the Act and orders to correct a collective agreement under paragraph (3) of the same Article;

10. Request for resolution of the Labor Relations Commission and decision on and public notice of geographical binding force of a collective agreement under Article 36 of the Act;

11. Deleted;

12. Request for resolution of the Labor Relations Commission and notification to suspend an industrial action under Article 42 (3) and (4) of the Act;

13. Acceptance of a report of lockout under Article 46 (2) of the Act;

14. Imposition of an administrative fine under Article 96 of the Act;

15. Request for correction and notification under Article 9 (2) and (3);

16. Acceptance of a report of modifications and issuance of a certificate of a report of modifications under Article 10 (2) and (3) (in cases falling under Article 10 (2), the head of the regional employment and labor office having jurisdiction over the new location of the principal office of a trade union);

17. Acceptance of a report of an industrial action under Article 17;

18. Acceptance of a report of an act of violence, etc. under Article 18.

(2) Notwithstanding paragraph (1), where the Minister of Employment and Labor deems that it is impracticable for the regional employment and labor office having jurisdiction over the location of the principal office of a trade union to handle a case or it is necessary for the effective operation of business affairs, he/she may designate and require a regional employment and labor office to handle the relevant case.

Enforcement Ordinance

Article 33-2 (Processing of Personally Identifiable Information)

Administrative agencies or the Labor Relations Commission may, where it is inevitable for performance of the following affairs, process documents containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Affairs concerning a report of establishment of a trade union under Article 10 (1) of the Act;

2. Affairs concerning a report of modifications of the matters reported upon establishment, a regular notification of present situation of a trade union and other relevant matters under Article 13 of the Act;

3. Affairs concerning a remedy for unfair labor practices under Article 82 (1) of the Act;

4. Affairs concerning a request for correction under Article 9 (2).

[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]

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

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