LABOR UNION AND LABOR RELATIONS ADJUSTMENT ACT

  • [Enforcement Date 9. Jun, 2020.] [Act No.17432, 9. Jun, 2020., Partial Amendment]
    [Enforcement Date 2. Jul, 2019.] [Presidential Decree No.29950, 02. Jul, 2019., Amendment by Other Act]

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to maintain and improve the working conditions and to improve the economic and social status of workers by securing the workers’ rights of association, collective bargaining and collective action pursuant to the Constitution, and to contribute to the maintenance of industrial peace and to the development of the national economy by preventing and resolving labor disputes through the fair adjustment of labor relations.

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe the matters delegated by the labor union and Labor Relations Adjustment Act and matters necessary for the enforcement thereof.

Article 2 (Definitions)

The terms used in this Act are defined be as follows:

1. The term "worker" means any person who lives on wages, a salary, or any other income equivalent thereto, regardless of the person's occupation;

2. The term "employer" means a business owner, a person responsible for the management of a business or a person who acts on behalf of a business owner with regard to matters concerning workers in the business;

3. The term "employers’ association" means an organization of employers which has powers to adjust or control its members in connection with labor relations;

4. The term "trade union" means an organization or associated organizations of workers, which is formed in voluntary and collective manner upon the workers’ initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status: Provided, That an organization shall not be regarded as a trade union in cases falling under any of the following subparagraphs:

(a) Where an employer or other persons who always act in the interest of the employer is allowed to join it;

(b) Where most of its expenditure is supported by the employer;

(c) Where its activities are only aimed at mutual benefits, moral culture and other welfare undertakings;

(d) Where those who are not workers are allowed to join it

(e) In case where its aims are mainly directed at political movements;

5. The term "industrial disputes" means any controversy or difference arising from disagreements between a trade union and an employer or employers’ association (hereinafter referred to as "parties to labor relations") with respect to the determination of terms and conditions of employment as wages, working hours, welfare, dismissal, and other treatments. In such cases, the disagreements refer to situations in which the parties to labor relations are no longer likely to reach an agreement by means of voluntary bargaining even if they continue to make such an attempt;

6. The term "industrial actions" means actions or counter-actions which obstruct the normal operation of a business, such as strikes, sabotage, lock-outs, and other activities through which the parties to labor relations intend to accomplish their claims.

Article 3 (Restriction on Claims for Damages)

When an employer has suffered damages due to collective bargaining or industrial action under this Act, he shall not claim damages against a trade union or workers.

Article 4 (Justifiable Activities)

Article 20 of the Criminal Act shall apply to justifiable activities which are conducted to achieve the purpose of Article 1 as collective bargaining, industrial action and other activities by trade unions: Provided, That acts of violence or destruction shall not be construed as justifiable for any ground.

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.

CHAPTER Ⅲ Collective Bargaining and Collective Agreements

Article 29 (Authority to Bargain and Make Agreement)

(1) The representative of a trade union shall have the authority to bargain and make a collective agreement with the employer or employers’ association for the trade union and its members.

(2) The representative of a representative bargaining trade union (hereinafter referred to as "representative bargaining trade union") determined pursuant to Article 29-2 shall have the authority to bargain and make a collective agreement with an employer for all the trade unions and members requesting bargaining.

(3) A person who is delegated authority by a trade union, an employer, or an employers’ association to bargain and make a collective agreement may exercise the authority within the scope of said delegation for the trade union, the employer or the employers’ association.

(4) When a trade union, an employer or an employers’ association delegates the authority to bargain and make a collective agreement pursuant to paragraph (3), he/she/it shall notify the other party of the fact of such delegation.

Enforcement Ordinance

Article 14 (Notification of Delegation of Negotiating Authority, etc.)

(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.

Article 29-2 (Procedures for Simplification of Bargaining Windows)

(1) Where not less than two trade unions established or joined by workers exist in one business or one place of work regardless of the type of organization, trade unions shall determine a representative bargaining trade union (including a representative bargaining organization, the constituent members of which are members of not less than two trade unions; hereinafter the same shall apply) and request the same to bargain: Provided, That this shall not apply where an employer consents not to undergo procedures for the simplification of bargaining windows prescribed by this Article within the period for determination of a representative bargaining trade union by the trade unions of their own accord pursuant to paragraph (2).

(2) All the trade unions which participate in the procedures for determining a representative bargaining trade union (hereinafter referred to as "procedures for the simplification of bargaining windows") shall determine a representative bargaining trade union of their own accord within the period prescribed by Presidential Decree.

(3) Where the trade unions fail to determine a representative bargaining trade union within the period pursuant to paragraph (2) and to obtain consent of an employer pursuant to the proviso to paragraph (1), a labor union organized by majority of all the members of the trade unions which participate in procedures for the simplification of bargaining windows (including cases where not less than two trade unions become the majority of all the members of the trade unions which participate in procedures for the simplification of bargaining windows by delegation, combination, etc.) shall be a representative bargaining trade union.

(4) Where the trade unions fail to determine a representative bargaining trade union pursuant to paragraphs (2) and (3), all the trade unions which participate in procedures for the simplification of bargaining windows shall organize a bargaining delegation jointly (hereafter in this Article referred to as "joint bargaining delegation") and bargain with an employer. In such cases, a trade union which may participate in the joint bargaining delegation shall be a trade union, the number of members of which is not less than 10/100 of the total members of the trade unions participating in procedures for the simplification of bargaining windows.

(5) Where the trade unions fail to organize a joint bargaining delegation pursuant to paragraph (4), the Labor Relations Commission may determine the same in consideration of the ratio of members of trade unions at the request of the relevant trade unions.

(6) Where any trade union has an objection to a fact of request for bargaining, the number of members, etc. of a trade union in determining a representative bargaining trade union under paragraphs (1) through (4), the Labor Relations Commission may decide on such objection at the request of the trade union as prescribed by Presidential Decree.

(7) Articles 69 and 70 (2) shall apply mutatis mutandis to procedures for dissatisfaction with and effect on the determination of the Labor Relations Commission pursuant to paragraphs (5) and (6).

(8) Matters necessary for procedures for the simplification of bargaining windows, such as a request for bargaining, method of participation, calculation standards of the number of members for the determination of a representative bargaining trade union of the trade unions, and the prevention of increase in bargaining expenses, etc. shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 14-2 (Timing and Methods of Making Request for Bargaining by Trade Union)

(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]

Enforcement Ordinance

Article 14-3 ((Public Announcement of Fact of Request for Bargaining by Trade Union))

(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]

Enforcement Ordinance

Article 14-4 (Time and Method of Request for Bargaining by Another Trade Union)

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]

Enforcement Ordinance

Article 14-5 (Decision on Trade Union Requesting Bargaining)

(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]

Enforcement Ordinance

Article 14-6 (Autonomous Decision of Representative Bargaining Trade Union)

(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]

Enforcement Ordinance

Article 14-7 (Decision on Representative Bargaining Trade Union by Major Trade Union)

(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]

Enforcement Ordinance

Article 14-8 (Organization and Notification of Autonomous Joint Bargaining Delegation)

(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]

Enforcement Ordinance

Article 14-9 (Organization of Joint Bargaining Delegation by Determination of Labor Relations Commission)

(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]

Enforcement Ordinance

Article 14-10 (Maintenance Period of Status of Representative Bargaining Trade Union)

(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]

Article 29-3 (Determination of Bargaining Unit)

(1) A unit which shall determine a representative bargaining trade union pursuant to Article 29-2 (hereinafter referred to as "bargaining unit") shall be one business or one place of business.

(2) Notwithstanding paragraph (1), where it is deemed necessary to divide a bargaining unit in consideration of a wide difference in working conditions, type of employment, customary practices of bargaining or such in one business or one place of business, the Labor Relations Commission may decide to divide the bargaining unit at the request of both of the parties to labor relations or either one party.

(3) Article 69 and 70 (2) shall apply mutatis mutandis to procedures for dissatisfaction with and effect on the determination of the Labor Relations Commission pursuant to paragraph (2).

(4) Matters necessary for a request for division of a bargaining unit and standards, procedures, etc. for the determination of the Labor Relations Commission shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 14-11 (Determination of Division of Bargaining Units)

(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]

Article 29-4 (Duties of Fair Representation)

(1) A representative bargaining trade union and an employer shall not discriminate among trade unions participating in procedures for the simplification of bargaining windows or members thereof without reasonable grounds.

(2) Where a representative bargaining trade union and an employer discriminate among trade unions, in violation of paragraph (1), any trade union may request the Labor Relations Commission to correct such discrimination according to methods and procedures prescribed by Presidential Decree within three months from the date such act is done (where the whole or part of the details of a collective agreement is in violation of paragraph (1), referring to the date of the conclusion of the collective agreement).

(3) Where the Labor Relations Commission recognizes a discrimination as having no reasonable grounds in connection with a request pursuant to paragraph (2), it shall give any order necessary for the correction thereof.

(4) Articles 85 and 86 shall apply mutatis and mutandis to procedures for dissatisfaction with an order or decision by the Labor Relations Commission pursuant to paragraph (3).

[This Article Newly Inserted by Act No. 9930, Jan. 1, 2010]

Enforcement Ordinance

Article 14-12 (Correction of Violation of Duties of Fair Representation)

(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]

Article 29-5 (Other Matters Relating to Simplification of Bargaining Windows)

Where a representative bargaining trade union exists, a "trade union" in subparagraph 5 of Article 2, Articles 29 (3) and (4), 30, 37 (2), 38 (3), 42-6 (1), 44 (2), 46 (1), 55 (3), 72 (3), and subparagraph 3 of Article 81 shall be deemed a "representative bargaining trade union".

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

Article 30 (Principles of Bargaining, etc.)

(1) A trade union and an employer or employers’ association shall bargain and make a collective agreement with each other in good faith and sincerity and shall not abuse their authority.

(2) A trade union and an employer or employers’ association shall not refuse or neglect, without any justifiable reason, to bargain or conclude a collective agreement.

Article 31 (Preparing of Collective Agreement)

(1) A collective agreement shall be prepared in writing, and both of the parties shall affix their signatures or their seals thereto.

(2) The parties to a collective agreement shall make a report of the collective agreement to the administrative agencies within 15 days from the date of its conclusion.

(3) When a collective agreement has any unlawful contents, the administrative agencies may, with the resolution of the Labor Relations Commission, order to correct them.

Enforcement Ordinance

Article 15 (Report of Collective Agreement)

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

Article 32 (Effective Term of Collective Agreement)

(1) No collective agreement shall provide for an effective term exceeding two years.

(2) When the effective term is not specified in a collective agreement or exceeds the period as specified in paragraph (1), it shall be two years.

(3) When, even though both of the parties continued to conduct collective bargaining to make a new collective agreement before or after the expiry of the effective term of an existing agreement, they fails to make a new collective agreement, the existing collective agreement shall remain valid for three more months after its expiry, except as there exists a separate agreement to the contrary: Provided, That where the collective agreement contains separate provisions to the effect that when a new collective agreement is not made in spite of the expiry of the term of an existing collective agreement, said existing collective agreement shall remain effective until a new collective agreement is made, such separate provisions shall be observed. Any party to the agreement may, however, terminate the existing collective agreement by notifying the other party of such termination six months in advance of the date he intends to terminate it.

Article 33 (Validity of Standards)

(1) Any part of rules of employment or a labor contract that violate standards concerning working conditions and other treatment of workers as prescribed in a collective agreement shall be null and void.

(2) Matters not covered in a labor contract and the part which is null and void under paragraph (1) shall be governed by those standards of a collective agreement.

Article 34 (Interpretation of Collective Agreement)

(1) When there is any disagreement between the parties on the interpretation and the implementation methods of a collective agreement, both of the parties to that collective agreement, or one party thereto as prescribed in the agreement may ask the Labor Relations Commission for its views on such interpretation and implementation methods.

(2) The Labor Relations Commission shall, upon receiving a request as referred to in paragraph (1), give its clear-cut views within thirty days from the date of receipt of the request.

(3) The views on such interpretation and implementation methods which are given by the Labor Relations Commission pursuant to paragraph (2), shall have the same effect as that of an arbitration award.

Enforcement Ordinance

Article 16 (Request for Interpretation of Collective Agreement)

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.

Article 35 (General Binding Force)

When a collective agreement applies to a majority of workers of the same kind of job employed under ordinary circumstances in a business or workplace, it shall apply to the other workers of the same kind of job employed in the same business or workplace.

Article 36 (Geographical Binding Force)

(1) When two-thirds or more of the workers of the same kind of job employed in an area are subject to one collective agreement, the administrative agencies may, with resolution of the Labor Relations Commission, at the request of either of the parties to the collective agreement or ex officio, make a decision that the said collective agreement shall apply to other workers of the same kind of job and their employers engaged in the same area.

(2) When the administrative agencies make a decision as referred to in paragraph (1), they shall give public notice of it without delay.

CHAPTER Ⅳ Industrial Action

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

Article 17 (Report of Industrial Actions)

When any trade union intends to conduct an industrial action, it shall report the date, place, the number of participants in, and the method of the industrial action, in advance in writing to the administrative agencies and the competent Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 18 ((Report of Acts of Violence, etc.)

(1) The employer shall, when the industrial action violates Article 38 (1) and (2) or 42 (1) or (2) of the Act, immediately report on the situation to the administrative agencies and the competent Labor Relations Commission.

(2) Such report as referred to in paragraph (1) shall be made in writing, verbally, by telephone or in other appropriate manner.

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 20 (Scope of Workers Engaged in Production of Defense Industry Supplies)

"Those who are involved in a work of mainly producing national defense goods" in Article 41 (2) of the Act means a person engaged in the business of manufacture, processing, assembly, maintenance, reproduction, amelioration, performance test, heat treatment, painting and gas handling, etc. which are required for completion of the defense industry products.

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

Article 21 (Facilities Prohibited from Occupation)

"Facilities prescribed by Presidential Decree" in Article 42 (1) of the Act means any of the following facilities:

1. Electric, electronic computing or communications facilities;

2. Rolling stock or railway tracks (including urban railways);

3. Ships under construction, repair, or on the berth: Provided, That cases where a seafarer under the Seafarers Act gets on board the ship in question shall be excluded;

4. Aircraft, navigation safety facilities, or facilities for landing and taking off of aircraft or for transport of passengers and cargo;

5. Any places where material having a risk of explosion, such as gunpowder, explosives, etc. or harmful material under subparagraph 2 of Article 2 of the Chemicals Control Act is kept or stored;

6. Other facilities which, if occupied, are likely to suspend or abolish production and other major activities or to cause grave danger and harm to public interest and which the Minister of Employment and Labor designates as such in consultation with the heads of the relevant central administrative agencies.

Enforcement Ordinance

Article 22 (Notification to Suspend)

Where an administrative agency notifies a trade union to suspend an industrial action pursuant to Article 42 (3) of the Act, it shall notify in writing.

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 22-2 (Scope of Essential Businesses)

Essential businesses by essential public business pursuant to Article 42-2 (1) of the Act shall be as attached Table 1.

[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]

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 22-3 (Applications, etc. for Determination of Maintaining or Operating Levels of Essential Businesses)

(1) If any party to labor relations applies for determination of maintaining or operating levels of essential businesses, duties subject thereto and the number of persons required therefor (hereinafter referred to as "determination of levels, etc. of essential businesses") pursuant to Article 42-4 (1) of the Act, the competent Labor Relations Commission shall organize a Special Arbitration Committee for the determination on such application without delay.

(2) If the Labor Relations Commission makes a determination of levels, etc. of essential businesses pursuant to Article 42-4 (2) of the Act, it shall notify parties to labor relations of such determination in writing without delay.

(3) If both parties or one party to labor relations does not agree to the interpretation of, or the method of implementing a determination made under paragraph (2), both parties or one of the parties to labor relations may request the competent Labor Relations Commission to interprete such determination in writing with opinions of parties to labor relations attached thereto.

(4) Upon receiving a request for the interpretation pursuant to paragraph (3), if a relevant Special Arbitration Committee interpretes pursuant to Article 42-4 (4) of the Act, the Labor Relations Commission shall notify parties to labor relations of such interpretation in writing without delay.

(5) Procedures for filing an application for determination of levels, etc. of essential businesses pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]

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 22-4 (Calculation Method of Number of Participants in Strike)

(1) The number of participants in a strike pursuant to the latter part of Article 43 (4) of the Act shall be calculated by unit of one day by the number of persons who do not provide the whole or part of work by reason of participation in a strike during working hours responsible for work.

(2) If necessary for the calculation of the number of persons who participate in a strike pursuant to paragraph (1), an employer may request a trade union to cooperate.

[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]

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.

CHAPTER Ⅴ Mediation of Labor Disputes

SECTION 1 General Provisions

Article 47 (Efforts for Voluntary Adjustment)

The provisions of this Chapter shall not prevent the parties to labor relations from deciding matters as to working conditions and other laborrelated matters through labor-management consultation or by collective bargaining or from adjusting disagreements in the labor relations between both parties or making every effort for such adjustment.

Article 48 (Obligations of Parties)

The parties to labor relations shall make efforts to stipulate in their collective agreement procedures and methods for labor-management consultation and other collective bargaining to maintain the reasonable labor relations, and shall make efforts to voluntarily resolve labor disputes, if any.

Article 49 (Duties of State, etc.)

The State and local governments shall, when there is any disagreement on labor relations between the parties concerned, prevent industrial actions, if possible, by helping them voluntarily adjusting such disagreement and shall make every effort to promptly and fairly resolve industrial disputes, if occurred.

Article 50 (Prompt Settlement)

The parties to labor relations, the Labor Relations Commission, and any other relevant agencies shall make efforts to promptly settle disputes, when they are engaged in adjustment of labor relations pursuant to this Act.

Article 51 (Priority Given to Public-service Businesses)

Adjustment of industrial disputes related to the State, local governments, state or local government-run enterprises, national defense businesses, or the public-service businesses shall be treated with priority and promptly.

Article 52 (Private Mediation and Arbitration)

(1) The provisions of Sections 2 and 3 shall not prevent the parties to labor relations from resolving industrial disputes through any other method of mediation or arbitration not falling under said Sections (hereafter referred to as the "private mediation, etc." in this Article) in accordance with mutual agreements or collective agreements.

(2) When the parties to labor relations decide to resolve a labor dispute pursuant to paragraph (1), they shall notify this fact to the Labor Relations Commission.

(3) When the parties to labor relations decide to resolve a labor dispute pursuant to paragraph (1), the provisions of the following subparagraphs shall apply:

1. Articles 45 (2) and 54, if resolving a labor dispute through mediation. In this case, the period of mediation shall begin from the date when that mediation is commenced;

2. Article 63, if resolving a labor dispute through arbitration. In this case, the prohibition period of industrial actions shall begin from the date when that arbitration is commenced.

(4) When mediation or arbitration is conducted pursuant to paragraph (1), the results of the mediation or arbitration shall have the same effect as that of a collective agreement.

(5) Any person who effects the private mediation, etc. shall be a person who holds the qualifications provided for in the provisions of each item of Article 8 (2) 2 of the Labor Relations Commission Act. In this case, any person who effects the private mediation, etc. may be paid service fee, allowance and travel expense by the parties to labor relations.

Enforcement Ordinance

Article 23 (Report of Private Mediation or Arbitration)

(1) When parties to labor relations agree to settle an industrial dispute by means of private mediation or arbitration, they shall report thereon to the competent Labor Relations Commission in accordance with Ordinance of the Ministry of Employment and Labor.

(2) A report referred to in paragraph (1) may be filed even when the mediation or arbitration referred to in Chapter 5, Sections 2 through 4 of the Act is in progress.

(3) Where an industrial dispute fails to be settled through private mediation or arbitration stipulated under Article 52 of the Act, parties to labor relations may apply, in accordance with Ordinance of the Ministry of Employment and Labor, to the competent Labor Relations Commission for mediation or arbitration of the industrial dispute pursuant to Chapter 5, Section 2 or 3 of the Act. In such cases, the competent Labor Relations Commission shall without delay start the procedure for such mediation or arbitration under Chapter 5, Section 2 or 3 of the Act.

SECTION 2 Mediation

Article 53 (Commencement of Mediation)

(1) The Labor Relations Commission shall commence the mediation without delay when any one of the parties concerned file an application for mediation of a labor dispute to said Commission, and both parties concerned shall undertake the proceedings of mediation with good faith.

(2) The Labor Relations Commission may arrange negotiations for smooth mediation and help the parties concerned independently settle their labor disputes even before an application is filed for the mediation of them pursuant to the provisions of paragraph (1).

Enforcement Ordinance

Article 24 (Applications for Mediation, etc. of Industrial Disputes)

(1) When parties to labor relations apply for mediation or arbitration pursuant to Article 53 (1) or 62 of the Act, they shall file an application to the competent Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.

(2) Where the Labor Relations Commission which has received an application under paragraph (1) deems the details of the application is not appropriate for mediation or arbitration under Chapter 5, Section 2 or 3 of the Act, it shall inform the parties of the grounds therefor and other means of settlement.

Enforcement Ordinance

Article 25 (Notification of Mediation)

The Labor Relations Commission shall, when it has decided to conduct mediation or arbitration pursuant to Articles 53, 62, 78 and 80 of the Act, without delay, inform each of the parties concerned thereof in writing.

Enforcement Ordinance

Article 26 (Composition of Mediation Committee)

The Labor Relations Commission shall, where it conducts mediation of a trade dispute pursuant to Article 53 of the Act, set up without delay a mediation committee or a special mediation committee for mediation of the dispute in question.

Article 54 (Period of Mediation)

(1) Mediation shall be completed within ten days in case of a general business, or within fifteen days in case of a public-service business, after a request for mediation as referred to in Article 53 is made.

(2) The period of mediation as referred to in paragraph (1) may be extended for not more than ten days in case of a general business, or not more than fifteen days for a public-service business.

Article 55 (Composition of Mediation Committee)

(1) A mediation committee shall be installed in the Labor Relations Commission for the mediation of labor disputes.

(2) A mediation committee as referred to in paragraph (1) shall be composed of three members.

(3) Mediation committee members as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from among the members of the Labor Relations Commission concerned so that each member may represent employers, workers, and public interests. The member representing workers shall be nominated from among the Labor Relations Commission members recommended by the employer, and the member representing the employer shall be nominated from among the Labor Relations Commission members recommended by the trade union: Provided, That when any party fails to present a list of members 3 days prior to the meeting of the mediation committee, the chairman of the Labor Relations Commission may nominate the members in question on his own.

(4) Where the chairman of the Labor Relations Commission finds it difficult to hold a meeting of the mediation committee pursuant to the provisions of paragraph (3) on the grounds that members who represent the workers or members who represent the employers fail to attend the meeting, the chairman of the Labor Relations Commission may designate three of the members who represent the public interest of the Labor Relations Commission as the mediation members: Provided, That where the members of the Labor Relations Commission are selected according to an agreement that is reached between both parties concerned, such members shall designated as the mediation members.

Article 56 (Chairman of Mediation Committee)

(1) A mediation committee shall have one chairman.

(2) The mediation committee member representing public interest shall be the chairman: Provided, That the chairman of the mediation committee provided for in the provisions of Article 55 (4) shall be elected from among the members of the mediation committee.

Article 57 (Mediation by Single Mediator)

(1) The Labor Relations Commission may, at the request of both parties of the parties concerned or with their agreement, authorize a single mediator to conduct mediation proceedings in place of the mediation committee.

(2) The single mediator under paragraph (1) shall be nominated by the chairman of the Labor Relations Commission concerned from among those commission members as agreed by both of the parties concerned.

Article 58 (Confirmation, etc. of Claims)

The mediation committee or the single mediator shall demand the both parties to attend a meeting with a fixed date so as to confirm the main points of their respective claims.

Article 59 (Prohibition of Attendance)

The chairman of the mediation committee or the single mediator may prohibit those persons other than the parties concerned from attending a meeting.

Article 60 (Preparation of Mediation Proposal)

(1) The mediation committee or the single mediator may prepare a mediation proposal, present it to the parties concerned, recommend them to accept it and simultaneously publicly announce it with the reasons, and may, if necessary, request the cooperation of the press or broadcasting companies to inform the public of the proposal.

(2) When it is deemed that there is no reason for the further continuance of mediation proceedings because the parties concerned refuse to accept the mediation proposal, the mediation committee or the single mediator shall decide to terminate mediation proceedings and shall notify the fact to the parties concerned.

(3) When, after the mediation proposal as referred to in paragraph (1) has been accepted by both parties concerned, there is any disagreement between them in interpreting it or acting upon it, the parties concerned shall request the mediation committee or the relevant single mediator to give a clarification as to how to interpret or act upon it.

(4) The mediation committee or the single mediator shall, upon receiving the request referred to in paragraph (3), provide them with its clear-cut opinion within seven days after the date of receipt of that request.

(5) The parties concerned shall not conduct any industrial action in connection with the interpretation or performance of the mediation proposal concerned, until views of the mediation committee or single mediator on the interpretation or performance methods as referred to in paragraph (3) and 4 is presented.

Enforcement Ordinance

Article 27 (Request for Interpretation of Mediation Scheme)

Parties to labor relations shall, when they request production of views in relation to the interpretation of the mediation scheme or the method of performance thereof under the Article 60 (3) of the Act, make a request in writing by entering the contents of the mediation scheme and the opinions of the parties, etc.

Article 61 (Effect of Mediation)

(1) When the mediation proposal referred to in Article 60 (1) is accepted by the parties concerned, all the members of the mediation committee or the single mediator shall prepare a mediated agreement and shall affix their signs or their seals to the mediated agreement with the parties concerned.

(2) The contents of the mediated agreement shall have the same effect as that of a collective agreement.

(3) Views on the interpretation or performance methods presented by the mediation committee or the single mediator pursuant to Article 60 (4) shall have the same effect as that of an arbitration award.

Article 61-2 (Mediation after Decision Made to End Mediation)

(1) The Labor Relations Commission may mediate in order to settle any labor dispute even after a decision is made to end the mediation pursuant to the provisions of Article 60 (2).

(2) The provisions of Articles 55 through 61 shall apply mutadis mutandis to the mediation referred to in the provisions of paragraph (1).

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

SECTION 3 Arbitration

Article 62 (Commencement of Arbitration)

The Labor Relations Commission shall conduct arbitration in the case falling under any of the following subparagraphs:

1. When both of the parties concerned have requested an arbitration;

2. When any one of the parties concerned has requested an arbitration in accordance with the provisions of a collective agreement;

3. Deleted.

Enforcement Ordinance

Article 28 (Composition of Arbitration Committee)

The Labor Relations Commission shall, where it has decided to conduct arbitration of an industrial dispute pursuant to Article 62 of the Act, without delay set up an arbitration committee for arbitration of the dispute in question.

Article 63 (Prohibition of Industrial Actions during Period of Arbitration)

Industrial actions shall not be conducted for fifteen days from the date when a labor dispute is referred to arbitration.

Article 64 (Composition of Arbitration Committee)

(1) The arbitration committee shall be established within the Labor Relations Commission for the arbitration or review of labor disputes.

(2) The arbitration committee as referred to in paragraph (1) shall be composed of three members.

(3) Those chosen by an agreement between the parties from among members representing public interests of the Labor Relations Commission shall be nominated as arbitration committee members as referred to in paragraph (2) by the chairman of the Labor Relations Commission: Provided, That where the parties concerned fail to reach an agreement, the chairman of the Labor Relations Commission shall nominate the arbitration committee members from among the members representing public interests of the Labor Relations Commission.

Article 65 (Chairman of Arbitration Committee)

(1) An arbitration committee shall have one chairman.

(2) The chairman of an arbitration committee shall be elected from among its members.

Article 66 (Confirmation, etc. of Claims)

(1) An arbitration committee shall demand one or both of the parties to attend the arbitration committee at a specified date so as to confirm the main points of their respective claims.

(2) Those who are nominated by the parties concerned from among members representing the employer or members representing workers of the Labor Relations Commission, may state their opinion at meetings of the arbitration committee with consent of that committee.

Article 67 (Prohibition of Attendance)

The chairman of the arbitration committee may prohibit those persons other than the parties concerned and relevant witness from attending its meetings.

Article 68 (Finality Award)

(1) An arbitration award shall be made in writing with the effective date specified.

(2) When there is any discrepancy in the opinions of the parties concerned in regard to the interpretation or performance methods of the arbitration award as referred to in paragraph (1), the interpretation of the arbitration committee concerned shall prevail and have the same effect as that of an arbitration award.

Enforcement Ordinance

Article 29 (Service of Written Arbitration Award)

(1) The Labor Relations Commission shall, when it has conducted arbitration pursuant to Article 68 (1) of the Act, without delay serve the written arbitration award to each of the parties concerned.

(2) The National Labor Relations Commission shall, when it has reviewed the arbitration award delivered by a Regional Labor Relations Commission or a Special Labor Relations Commission pursuant to Article 69 (1) of the Act, serve the written review decision without delay to the parties concerned and the Labor Relations Commission concerned, respectively.

Enforcement Ordinance

Article 30 (Request for Interpretation of Arbitration Award)

(1) Parties to labor relations may, if any disagreement of opinions exists between the parties with respect to the interpretation of the arbitration award or the method of performance thereof under Article 68 (1) of the Act, request the arbitration committee in question to produce clear views on the interpretation or the method of performance.

(2) The request for production of opinions under paragraph (1) shall be made in writing entering the contents of the arbitration award in question and the opinions of the parties, etc.

Article 69 (Finalization of Arbitration Award, etc.)

(1) When the parties concerned consider that an arbitration award rendered by a Regional Labor Relations Commission or a Special Labor Relations Commission is inconsistent with any Act or subordinate statute or ultra vires, they may apply for review of the arbitration award to the National Labor Relations Commission within ten days from the date of receipt of the award of arbitration.

(2) When the parties concerned consider that an arbitration award rendered by the National Labor Relations Commission or its decision on review referred to in paragraph (1) is inconsistent with any Act or subordinate statute or ultra vires, they may, notwithstanding the provisions of Article 20 of the Administrative Litigation Act, institute an administrative suit against the National Labor Relations Commission within fifteen days from the date of receipt of the award of arbitration or the decision on review.

(3) When the parties concerned neither apply for review nor institute an administrative suit within the period under paragraphs (1) and (2), the arbitration award or the decision on review originally rendered by the Labor Relations Commission concerned shall be final and decisive.

(4) When the arbitration award or the decision on review has been final and decisive pursuant to paragraph (3), the parties concerned shall comply therewith.

Article 70 (Effect of Arbitration Award, etc.)

(1) The contents of the arbitration award provided for in the provisions of Article 68 (1) shall have the same effect as that of a collective agreement.

(2) The effect of the arbitration award or the decision on review, which are handed down or made by the Labor Relations Commission, shall not be suspended by any review application filed to or any administrative suit instituted against the National Labor Relations Commission pursuant to Article 69 (1) and (2).

[This Article Wholly Amended by Act No. 8158, Dec. 30, 2006]

SECTION 4 Special Provisions for Adjustment in Public-service Businesses, etc.

Article 71 (Scope, etc. of Public-Service Businesses)

(1) For purposes of this Act, the term "public-service businesses" refers to businesses falling under any of the following subparagraphs, all of which are closely related to daily life of the public at large or have enormous effect on the economy of a nation:

1. Passenger transport business and airline business for regular routes;

2. Tap-water business, electricity business, gas business, petroleum refinery business and petroleum supply business;

3. Public sanitation business, medical service business and blood supply business;

4. Banking and mint business;

5. Broadcasting and telecommunications businesses.

(2) For purposes of this Act, the term "essential public-service businesses" refers to the following public-service businesses, which are referred to in paragraph (1) whose interruption or discontinuation shall cause conspicuous threats to daily life of the public at large or the national economy, and whose replacement is not easy:

1. Railway business, urban subway business and air transport business;

2. Tap-water business, electricity business, gas business, petroleum refinery business and petroleum supply business;

3. Hospital business and blood supply business;

4. Bank of Korea business;

5. Telecommunications businesses.

Article 72 (Organization of Special Arbitration Committee)

(1) A special arbitration committee shall be established within the Labor Relations Commission for the arbitration of labor disputes in public-service businesses.

(2) The special arbitration committee as referred to in paragraph (1) shall be comprised of three special arbitration members.

(3) The members of the special arbitration committee as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from among four to six members representing public interests of the Labor Relations Commission, who survive after the trade union and the employer, by turns, exclude the eligible members one by one: Provided, That where the parties concerned recommend those who are not the members of the Labor Relations Commission by agreement, the chairman of the Labor Relations Commission shall nominate those recommended non-members as the members of the special arbitration committee.

Enforcement Ordinance

Article 31 (Payment of Allowance, etc.)

In respect of a person nominated as special mediator pursuant to the proviso to Article 72 (3) of the Act, allowances and travel expenses payable to a member of the Labor Relations Commission may be paid within budget limit for execution of the person's duties.

Article 73 (Chairman of Special Arbitration Committee)

(1) There shall be a chairman in a special arbitration committee.

(2) The chairman of the special arbitration committee shall be elected from among the members of the special arbitration committee who are members representing public interests of the Labor Relations Commission, and when the committee is composed of those persons alone other than the members of the Labor Relations Commission, the chairman of the special arbitration committee shall be elected from among such noncommission persons: Provided, That where only one member of the special arbitration committee is a member representing public interests of the Labor Relations Commission, the person shall be the chairman.

Article 74 Deleted.

Article 75 Deleted.

SECTION 5 Emergency Adjustment

Article 76 (Decision of Emergency Adjustment)

(1) The Minister of Employment and Labor may make a decision to conduct an emergency adjustment of any industrial action, when it is related to a public-service business or is likely to impair the national economy or endanger citizens's daily lives because of its large scale and specific nature.

(2) When the Minister of Employment and Labor intends to make a decision to conduct an emergency adjustment, he shall hear the opinion of the chairperson of the National Labor Relations Commission in advance.

(3) When the Minister of Employment and Labor has made a decision to conduct an emergency adjustment pursuant to paragraphs (1) and (2), he shall, without delay, publicly announce his decision with the reasons therefor specified and shall also notify the National Labor Relations Commission and relavant parties of such fact.

Enforcement Ordinance

Article 32 (Public Announcement of Emergency Mediation)

The public announcement of a decision on emergency mediation stipulated in Article 76 (3) of the Act shall be made in newspapers, on the radio, or in such manner as to enable the general public to learn about it as quickly as possible.

Article 77 (Suspension of Industrial Actions During Emergency Adjustment)

When a decision to conduct an emergency adjustment as prescribed in Article 76 (3) is publicly announced, the parties concerned shall immediately suspend any industrial action, and no industrial action shall not resume it until thirty days have passed from the announcement date of that decision.

Article 78 (Mediation by National Labor Relations Commission)

The National Labor Relations Commission shall, without delay, commence the procedure of mediation when the Commission has been notified pursuant to Article 76 (3).

Article 79 (National Labor Relations Commission’s Authority to Refer Dispute to Arbitration)

(1) If deemed that mediation as referred to in Article 78 is unlikely to be proceeded with, the chairman of the National Labor Relations Commission shall, upon hearing the opinions of its members representing public interests, decide whether or not to refer the case in question to arbitration.

(2) A decision as referred to in paragraph (1) shall be made within fifteen days from the date when it has been notified pursuant to Article 76 (3).

Article 80 (Arbitration by National Labor Relations Commission)

The National Labor Relations Commission shall conduct arbitration without delay, if one or both of the parties concerned request to do so or if the Commission has decided to refer the case to arbitration pursuant to Article 79.

CHAPTER Ⅵ Unfair Labor Practices

Article 81 (Unfair Labor Practices)

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]

Article 82 (Application for Remedy)

(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).

Article 83 (Investigation, etc.)

(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.

Article 84 (Order of Remedy)

(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.

Article 85 (Finality of Order of Remedy)

(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.

Article 86 (Effect of Order of Remedy, etc.)

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.

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]

CHAPTER Ⅷ Penal Provisions

Article 88 (Penalty Provisions)

A person who violates Article 41 (2) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.

Article 89 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won:

1. A person who violates Article 37 (2), 38 (1), 42 (1), or 42-2 (2);

2. A person who violates the order of remedy which has been finalized pursuant to Article 85 (3) (including cases where Article 29-4 (4) applies mutatis mutandis) or by an administrative litigation.

Article 90 (Penalty Provisions)

A person who violates Article 44 (2), 69 (4), 77 or 81 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.

Article 91 (Penalty Provisions)

A person who violates Article 38 (2), 41 (1), 42 (2), 43 (1), (2) and (4), the main sentence of Article 45 (2), Article 46 (1) or 63 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.

[This Article Wholly Amended by Act No. 8158, Dec. 30, 2006]

Article 92 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding ten million won:

1. A person who violates Article 24 (5);

2. A person who violates the matters falling under any of the following items from among the contents of a collective agreement concluded pursuant to Article 31 (1):

(a) Matters on wages, welfare costs and retirement allowances;

(b) Matters on works, rest-period, holidays and vacations;

(c) Matters on causes for disciplines and dismissals and important procedures;

(d) Matters on safety and health and disaster relief;

(e) Matters on facilities, furnishing conveniences and participation in meetings during on-duty hours;

(f) Matters on industrial actions;

3. A person who fails to comply with the contents of a mediation proposal as referred to in Article 61 (1) or an arbitration award as referred to in Article 68 (1).

Article 93 (Penalty Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:

1. A person who violates Article 7 (3);

2. A person who violates an order as referred to in Article 21 (1) and (2), or 31 (3).

Article 94 (Joint Penalty Provisions)

If the representative of a corporation, or the agent, employee or any other servant of a corporation or an individual commits an offense under Articles 88 through 93 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under each relevant Article: Provided, That the same shall not apply to the cases where the corporation or the individual has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such offense.

[This Article Wholly Amended on Apr. 23, 2020] Trade Union and Labor Relations Adjustment Act (1997) "Cases prescribed by Act No. 5310") The part concerning "cases where the agent, employee or other servant of a juristic person violates the provisions of subparagraph 1, the latter part of the proviso to subparagraph 2 and subparagraph 5 of Article 81 in Article 90 with respect to the business of the juristic person, shall violate the Constitution.

[This Article is amended on Dec. 9, 2020 in accordance with the Constitutional Court's decision of May, 11, 2019 that held this paragraph unconstitutional and inconsistent with the Constitution]

Article 95 (\(Administrative Fines)

A person who violates an order issued by the court as referred to in Article 85 (5) shall be punished by an administrative fine not exceeding five million won (where the order is a performance order, to an administrative fine equivalent to the amount calculated by multiplying a rate of not more than 500,000 won by the number of the days during which the order has not be complied with).

Article 96 (Administrative Fines)

(1) A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won:

1. A person who fails to prepare or keep the documents referred to in Article 14;

2. A person who fails to make a report as referred to in Article 27 or makes a false report;

3. A person who fails to make a report as referred to in Article 46 (2).

(2) A person who fails to make a report or notification as referred to in Article 13, 28 (2), or 31 (2) shall be punished by an administrative fine not exceeding three million won.

(3) An administrative fine referred to in paragraphs (1) and (2) above shall be imposed and collected by the administrative agencies pursuant to the Presidential Decree.

(4) through (6) Deleted.

Enforcement Ordinance

Article 34 (Standard for Imposition of Administrative Fines)

The standards for imposition of administrative fines under Article 96 (1) and (2) of the Act shall be as specified in attached Table 2.

[This Article Wholly Amended by Presidential Decree No. 22802, Mar. 30, 2011]

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

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