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[Enforcement Date 24. Aug, 2011.] [Act No.10699, 23. May, 2011., Amendment by Other Act]
[Enforcement Date 12. Jul, 2010.] [Presidential Decree No.22269, 12. Jul, 2010., Amendment by Other Act]
Body text
- Article 1 (Purpose)
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The purpose of this Act is to stipulate matters concerning the establishment and operation, etc. of public officials' trade unions in accordance with the proviso to Article 5(1) of the Trade Union and Labor Relations Adjustment Act in order to guarantee public officials' basic labor rights prescribed in Article 33 (2) of the Constitution of the Republic of Korea.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions and those necessary for the enforcement thereof.
- Article 2 (Definition)
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The term "public official" in this act refers to a public official prescribed in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act : Provided that public officials engaged in actual labor prescribed in the proviso to Article 66 (1) of the State Public Officials Act and the proviso to Article 58 (1) of the Local Public Officials Act and teachers subject to the Act on the Establishment and Operation, etc. of Trade Unions for Teachers shall be excluded from this.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 3 (Guarantee and Limitation of Trade Union Activities)
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(1) Article 66 (1) of the State Public Officials Act and Article 58 (1) of the Local Public Officials Act shall not apply to the organizing and joining of a public officials' trade union (hereinafter referred to as "trade union") under this Act and justifiable activities related to the trade union.
(2) Public officials shall not commit an act in contravention of the duties of public officials prescribed in other Acts and subordinate statutes when they engage in trade union activities.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 4 (Prohibition of Political Activities)
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A trade union and its members shall not engage in political activities.
- Article 5 (Establishment of Trade Union)
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(1) If public officials intend to establish a trade union, its minimum organizing unit shall be the National Assembly, the Court, the Constitutional Court, the National Election Commission, the Administration, the special city, a metropolitan city, a province, a special self-governing province, Si, Gun, Gu (referring to self-governing areas), and the education office of the special city, a metropolitan city, a province and a special self-governing province.
(2) A person who intends to establish a trade union shall submit a union establishment report to the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 2 (Notification of Establishment of Subsidiary Organizations)
(1) When a public officials' trade union established pursuant to Article 5 of the Act on the Establishment, Operation, etc. of Public Officials' Trade Unions (hereinafter referred to as the "Act") has set up a subsidiary organization, such as a branch or chapter, etc., the representative of the trade union shall notify the Minister of Employment and Labor or the head of the relevant local employment and labor office of its establishment in accordance to the classification standards set forth in the following subparagraphs:
1.Associated organizations of trade unions, trade unions of the National Assembly, the Court, the Constitutional Court, Election Commissions and the Administration and other national-level trade unions shall give notice to the Minister of Employment and Labor; and
2.Trade unions other than those specified in subparagraph 1 shall give notice to the head of the local employment and labor office.
(2)Necessary matters regarding the notification of the setting up of subsidiary organizations pursuant to paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
- Article 6 (Scope of Public Officials Eligible for Union Membership)
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(1)The scope of public officials eligible to join a trade union is described in the following subparagraphs:
1. General public officials of grade six or below, and general public officials equivalent thereto;
2.Special public officials who are equivalent to general public officials of grade six or below and engage in administrating foreign affairs and managing diplomatic information;
3. Technical public officials;
4.Specific public officials and contract public officials equivalent to general public officials of grade six or below; and
5. Deleted.
(2)Notwithstanding paragraph (1), public officials falling under any of the following subparagraphs shall not join a trade union:
1.Public officials who exercise the right to direct and supervise other public officials or engage in the overall management of the affairs of other public officials;
2.Public officials, such as public officials performing duties concerning personnel and remuneration, etc., who are in the position of administrative agencies in their relationship with the trade union;
3.Public officials who engage in correction, investigation or any other similar duties; and
4.Public officials whose main duties, such as mediating and overseeing labor relations, etc., are deemed inappropriate to perform with their status as members of a trade union.
(3) If a public official is removed, dismissed or discharged from his/her office and files a request with the Labor Relations Commission to remedy the unfair labor practice pursuant to Article 82 (1) of the Trade Union and Labor Relations Adjustment Act, he/she shall not be seen as losing his/her status as a union member until the National Labor Relations Commission under Article 2 of the Labor Relations Commission Act (hereinafter referred to as "National Labor Relations Commission) renders a decision to reexamine his/her case.
(4) The scope of the public officials prescribed in paragraph (2) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 3 (Scope of Public Officials Prohibited from Joining Trade Unions)
In accordance to the provisions of Article 6 (2) and (4) of the Act, the scope of public officials prohibited from joining a trade union is as follows:
1.Public officials who exercise the right to direct and supervise other public officials or engage in generally managing other public officials' affairs: Public officials falling under any of the following items:
A.Public officials entrusted with the authority and responsibility to direct and supervise other public officials and manage their services pursuant to Acts and subordinate statutes, bylaws and regulations (including their proxies); and
B.Public officials involved mainly in directing and supervising or generally managing other public officials' affairs in his/her department as an assistant to the department head pursuant to directives, regulations on division of duties, etc.
2.Public officials, such as those performing jobs related to personnel and remuneration, etc., who stand in the position of administrative agencies in relations to a trade union: Public officials whose main responsibilities fall under any of the following items (excluding those who assist in simple work such as compiling documents, etc.):
A.Work regarding employment, service, disciplinary action, review of appeals, remuneration, pension or other welfare for public officials;
B.Work regarding trade unions or work councils under the Act on the Establishment, Operation, etc. of Public Officials' Councils;
C.Work regarding the planning and execution of budgets and funds (excluding simple execution);
D.Work regarding the management of the organization and the definite number of personnel of administrative agencies;
E. Work regarding audit and inspection ; or
F.Work regarding security, maintenance of order, management and protection of government facilities, and secretarial or chauffeuring services.
3.Public officials who engage in correction, investigation and other similar jobs: Public officials falling under any of the following items:
A.Public officials working in the areas of correction, protection, prosecution work, investigation of illegal drugs, immigration control and rail security among public officials specified in Table 1 attached to the Decree on the Appointment of Public Officials, ;
B.Public officials appointed by the Prosecutor General or the chief public prosecutor to investigate tax-related offenses in accordance with Acts and subordinate statutes on tax offense punishment procedures;
C.Public officials mainly engaged in investigation work; or
D.Public officials employed in the National Intelligence Service.
4. Public officials whose main jobs, such as mediating and inspecting labor relations, etc., are considered inappropriate to be performed in the status of a union member: Public officials falling under any of the following items:
A.Public officials in charge of mediation or adjudication cases in the Secretariat Office of the Labor Relations Commission pursuant to the Labor Relations Commission Act;
B.Labor inspectors who act as judicial police officers with regard to violations of the Labor Standards Act, the Industrial Safety and Health Act, and other labor-related Acts and subordinate statutes in the Ministry of Employment and Labor or its subsidiary organizations pursuant to the Labor Standards Act;
C.Labor inspectors for seamen, who act as judicial police officers with regard to violations of the Seamen Act, the Labor Standards Act and other Acts and subordinate statutes regarding the labor relations of seamen pursuant to the Seamen Act; or
D.Public officials mainly engaged in dealing with reports of establishment of trade unions, collective agreements and industrial actions pursuant to the Trade Union and Labor Relations Adjustment Act in local governments.
- Article 7 (Status of Full-time Union Officials)
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(1) A public official may be engaged solely in trade union affairs with the consent of the appointer.
(2) A public official (hereinafter referred to as "full-time union official") who is engaged solely in trade union affairs after obtaining the consent as prescribed in paragraph (1) shall be ordered to take leave of absence during that period pursuant to Article 71 of the State Public Officials Act or Article 63 of the Local Public Officials Act.
(3) The state and local governments shall not pay remuneration to a full-time union official during his/her tenure as a full-time union official.
(4) The state and local governments shall not give any unfavorable treatment to a public official in promotion and other status-related matters on the grounds that he/she serves as a full-time union official.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 8 (Authority, etc. to Bargain and Conclude Collective Agreements)
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(1) The representative of a trade union shall have the authority to bargain and conclude a collective agreement on matters concerning the trade union or its members' remuneration, welfare and other working conditions with a person (hereinafter referred to as "the government's negotiating representative") who holds office as Secretary General of the National Assembly, Director of the Court, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, Minister of Public Administration and Security (representing the administration), special city mayor, metropolitan city mayor, governor of special self-governing province, provincial governor, head of Si, Gun or Gu (referring to the head of an self-governing area) or superintendent of the education office of the special city, a metropolitan city, a province or a special self-governing province : Provided that matters concerning policy decisions the State or local governments are authorized to make under Acts and subordinate statutes, etc. and matters concerning the management and operation of the organization, such as exercising the right to appointment, etc., but not directly related to working conditions shall not be subject to the bargaining.
(2) If a trade union demands negotiations over matters which the government is authorized to manage or decide on its own under Acts and subordinate statues, etc, the government's negotiating representative shall accept the demand unless there is any justifiable reason.
(3)The government's negotiating representative may, if necessary for efficient negotiation, conduct negotiations jointly with the government's other negotiating representatives or delegate the authority to negotiate and conclude a collective agreement to the government's other negotiating representatives.
(4)The government's negotiating representative may, if necessary for efficient negotiation, have the head of a related organization other than the government's negotiating representative take part in negotiations and with regard to matters which the heads of other organizations are authorized to manage or decide, delegate the authority to negotiate and conclude a collective agreement to the heads of the organizations concerned.
(5)If the government's negotiating representative or heads of other organizations conduct collective negotiations pursuant to Articles 2 through 4, they may have their public officials conduct negotiations and conclude collective agreements on behalf of them.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 4 (Non-Negotiable Matters)
The "matters concerning policy decisions the State or local governments are authorized to make by Acts and subordinate statutes, etc. and matters concerning the management and operation of the organization, such as exercising the right to appointment, etc." in the proviso of Article 8 (1) of the Act refer to matters described in any of the following subparagraphs:
1.Matters concerning policy decisions including planning policies or drafting plans;
2.Matters concerning the exercise of the right to appoint, such as hiring, promotion, transfers, etc. of public officials;
3.Matters concerning the organization and definite number of personnel of an agency;
4.Matters concerning the planning and execution of budgets and funds;
5.Matters concerning disputes to which an administrative agency is a party (including appeals); and
6.Other matters concerning the management and operation of an agency.
Enforcement Ordinance
- Article 5 (Notice of Delegation of Bargaining Rights, etc.)
If the government's negotiating representative as specified in Article 8 (1) of the Act (hereinafter referred to as the "government's negotiating representative") conducts joint negotiations or delegates the authority to negotiate and conclude collective agreements pursuant to Article 8 (3) through (5) of the Act, the counterpart shall be notified of such facts. In this case, the names of the government negotiating representative, head of the delegated agency, etc. and the delegated authorities shall be specified in detail.
- Article 9 (Bargaining Procedures)
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(1) A trade union shall organize a bargaining group composed of its representative and members to conduct collective negotiations under Article 8.
(2) If the representative of a trade union intends to negotiate with the government's negotiating representative pursuant to Article 8, he/she shall demand negotiations in writing to the government's negotiating representative who has authority over the matters he/she intends to negotiate.
(3) If the government's negotiating representative has received a demand for negotiations from a trade union pursuant to paragraph (2), he/she shall publicly notify the fact that he/she has received a demand for negotiations so that the relevant trade union can take part in the negotiations.
(4) If there are two or more trade unions that demand negotiations pursuant to paragraphs (2) and (3), the government's negotiating representative may request the trade unions concerned to establish a single bargaining channel. In this case, he/she may refuse to negotiate until a single bargaining channel is established.
(5)The government's negotiating representative which has signed a collective agreement with the relevant trade union pursuant to paragraphs (1) through (4) may refuse to negotiate during the effective period of the agreement, even in case a trade union which did not participate in the signing of the collective agreement demands negotiations.
(6) Necessary matters concerning collective bargaining procedures, etc. under paragraphs (1) through (5) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 6 (Period of Negotiation Demands)
Demands for negotiations pursuant to Article 9 (2) of the Act shall be made between the period of three months prior to the expiration date of the collective agreement and thirty days prior to the planned date of negotiations as prescribed by the Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 7 (Notice of Demands for Negotiation and Participation in Bargaining)
(1) Demands for negotiations pursuant to Article 9 (3) of the Act shall be notified without delay upon receiving such demand.
(2) Trade unions desiring to participate in negotiations pursuant to Article 9 (3) of the Act shall make a negotiation demand to the government's negotiating representative within seven days of the date of notice as specified in paragraph (1) in accordance to the Ordinance of the Ministry of Employment and Labor.
(3) Upon the expiration of the negotiation demand period as defined in paragraph (2), the government's negotiating representative shall publicly announce, without delay, the trade union demanding negotiations (hereinafter referred to as "negotiating trade union") pursuant to Article 9 (2) and (3) of the Act and notify the negotiating trade union.
(4) The government's negotiating representative may reject any negotiation demand that was not made within the negotiation demand period as specified in the provisions of Article 6 and paragraph (2).
Enforcement Ordinance
- Article 8 (Appointment of Negotiating Members)
(1)Negotiating trade unions shall appoint negotiating members within 20 days of the date of notice pursuant to Article 7 (3) and send the government's negotiating representative a written notice signed or sealed by the representatives of the negotiating trade union. In this case, the number of negotiating members shall be determined in consideration of the size of the organization, etc., but shall not exceed 10 persons.
(2) With regard to the appointment of negotiating members as specified in paragraph (1), if there are more than one negotiating trade unions involved, the negotiating members shall be appointed under an agreement between the negotiating trade unions. However, if an agreement is not reached within the period set forth in the former part of paragraph (1), the negotiating members shall be appointed in proportion to the number of members of each negotiating trade union.
Enforcement Ordinance
- Article 9 (Preparation and Commencement, etc. of Negotiations)
The parties to labor relations shall, upon receiving a notice of appointment of negotiating members pursuant to Article 8 (1), consult without delay the agendas, date and place of negotiations and other necessary matters thereof and initiate negotiations.
- Article 10 (Effect of Collective Agreement)
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(1) In collective agreements concluded pursuant to Article 9, provisions regulated by Acts and subordinate statutes, bylaws or budgets and provisions regulated by the authority delegated under Acts and subordinate statutes or bylaws shall not have the effect of collective agreements.
(2) With regard to provisions that do not have the effect of collective agreements pursuant to paragraph (1), the government's negotiating representative shall make efforts in good faith to implement the provisions.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 10 (Notice of Implementation of Collective Agreements)
The government's negotiating representative shall notify his/her counterpart in writing of the results of the implementation of the provisions in a collective agreement which do not have the effect of a collective agreement pursuant to Article 10 (1) of the Act at least three months prior to the expiration date of the collective agreement concerned.
- Article 11 (Prohibition of Industrial Action)
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A trade union and its members shall not take any action, including strikes, work slowdowns or any other activities undermining normal business operation.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 12 (Request for Mediation, etc.)
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(1) If collective negotiations under Article 8 break down, either or both of the parties concerned may make a request for mediation to the National Labor Relations Commission.
(2) If either or both of the parties request mediation pursuant to paragraph (1), the National Labor Relations Commission shall commence mediation without delay. In this case, both parties shall participate in mediation in good faith.
(3) The National Labor Relations Commission may prepare a mediation proposal, present the proposal to the parties concerned, and recommend them to accept the proposal while at the same time publicizing the mediation proposal along with its reasons. In this case, the Commission may, if necessary, ask for cooperation, such as in reporting, etc., from newspapers or broadcasters.
(4) Mediation shall be terminated within 30 days of the date of requesting mediation under paragraph (1) : Provided that mediation may be extended for 30 days or less under agreement between the parties concerned.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 11(Notice of Mediation or Arbitration of Labor Disputes, etc)
(1) The National Labor Relations Commission (hereinafter referred to as the "National Labor Relations Commission") under Article 2 of the Labor Relations Commission Act shall, upon conducting mediation or arbitration of a labor dispute pursuant to Article 12 or Article 13 of the Act, notify in writing the parties concerned without delay.
(2) If the National Labor Relations Commission deems, after receiving an application for mediation or arbitration pursuant to Article 12 or subparagraph 1 of Article 13 of the Act, that the application does not call for arbitration or mediation pursuant to the provisions of Article 12 or 13 of the Act, it shall inform the applicant of its reasons along with an alternative solution other than mediation or arbitration.
(3) The process of requesting mediation or arbitration pursuant to Article 12 or subparagraph 1 of Article 13 of the Act shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
- Article 13 (Commencement, etc. of Arbitration)
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The National Labor Relations Commission shall conduct arbitration without delay in any of the following cases :
1. Where both of the parties concerned request arbitration after collective negotiations under Article 8 break down; and
2. Where a dispute is not settled through mediation under Article 12 and a decision is made to refer the dispute to arbitration at a plenary meeting of the Labor Relations Adjustment Committee for Public Officials under Article 14.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 14 (Composition of Labor Relations Adjustment Committee for Public Officials)
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(1)The Labor Relations Adjustment Committee for Public Officials (hereinafter referred to as "Commission") shall be established within the National Labor Relations Commission to mediate and arbitrate a dispute when collective negotiations under Article 8 break down.
(2)The Commission shall be composed of not more than seven public interest members dedicated to mediating and arbitrating labor relations for public officials.
(3)Notwithstanding Articles 6 and 8 of the Labor Relations Commission Act, the public interest members prescribed in paragraph (2) shall be appointed by the President upon the proposal of the Minister of Employment and Labor following the recommendation of the Chairperson of the National Labor Relations Commission from among those who have knowledge and experiences of public officials-related issues or labor issues or those who have a good social reputation.
(4)If public interest members are appointed pursuant to paragraph (3), the total number of the public interest members shall be considered to be prescribed separately notwithstanding Article 6 (2) of the Labor Relations Commission Act.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 12(Composition of the Labor Relations Adjustment Committee for Public Officials)
(1)One of the public interest members of the Labor Relations Adjustment Committee for Public Officials (hereinafter referred to as the "Committee") pursuant to Article 14 (2) of the Act shall serve as a full-time official.
(2)The Chairperson of the National Labor Relations Committee may, pursuant to Article 14 (3) of the Act, hear the opinions of related agencies or organizations with regard to the recommendation of public interest members.
(3)The Chairperson of the Subcommittee (hereinafter referred to as the "Subcommittee") pursuant to Article 15 of the Act shall be appointed by the Chairperson of the Committee after consulting with the Chairperson of the National Labor Relations Commission and the Chairperson of the Subcommittee shall preside over the Subcommittee.
Enforcement Ordinance
- Article 13(Notice of Request for Remedy for Unfair Labor Practices)
The Labor Relations Commission pursuant to Article 2 (1) of the Labor Relations Commission Act, upon receiving a remedy request from a public official or trade union in accordance with Article 82 of the Trade Union and Labor Relations Adjustment Act, shall notify, without delay, the other party, who is the administrative authorities, and competent Appeals Commission of this.
- Article 15 (Operation of Meeting)
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(1)The Commission shall have a plenary meeting and a sub-committee.
(2)The plenary meeting shall be composed of all of the public interest members under Article 14 (2) and responsible for the following matters :
1. Mediating labor disputes occurring across the nation;
2. Deciding whether to refer a dispute to arbitration; and
3. Rendering arbitration awards
(3) The sub-committee shall be composed of three members designated by the Chairperson of the Commission in consultation with the Chairperson of the National Labor Relations Commission and responsible for mediation cases not handled by the plenary meeting.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 16 (Confirmation, etc., of Arbitration Awards)
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(1)If an arbitration award rendered by the National Labor Relations Commission is deemed against laws or beyond its authority, the relevant party may file an administrative lawsuit against the Chairperson of the National Labor Relations Commission within 15 days from the date of receiving the arbitration award notwithstanding Article 20 of the Administrative Litigation Act.
(2)If an administrative lawsuit is not filed within the period prescribed in paragraph (1), the arbitration award shall be confirmed.
(3)If the arbitration award is confirmed pursuant to paragraph (2), the parties concerned shall comply with it.
(4)The effect of an arbitration award rendered by the National Labor Relations Commission shall not be suspended by the filing of an administrative lawsuit under paragraph (1).
(5)The arbitration award confirmed pursuant to paragraph (2) shall have the same effect as collective agreements under Article 10.
(6)The National Labor Relations Commission may, if necessary, notify the heads of the National Assembly, a local council, a local government, etc. of the contents of a confirmed arbitration award.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
- Article 17 (Relations with Other Acts)
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(1) The provisions of this Act shall not interfere with the establishment and operation of a public officials' workplace association under the Act on the Establishment and Operation of Public Officials' Workplace Associations.
(2)Except as provided in paragraph (3), matters not prescribed in this Act, concerning trade unions and labor relations adjustment for public officials shall be governed by the Trade Union and Labor Relations Adjustment Act. In this case, "collective bargaining or industrial action" in Article 3 of the Trade Union and Labor Relations Adjustment Act shall be read as "collective bargaining", "collective bargaining, industrial action" in Article 4 as "collective bargaining", "to the Minister of Employment and Labor, in case the trade union takes the form of an associated organization or is a unit trade union spanning not less than two areas out of the special city, metropolitan cities, provinces and special self-governing provinces; to the special city mayor, relevant metropolitan city mayors and relevant provincial governors, in case the trade union is a unit trade union spanning not less than two areas out of Sis/Guns/Gus (referring to autonomous Gus); and to relevant governors of special self-governing provinces and relevant heads of Sis/Guns/Gus (referring to heads of autonomous Gus; hereinafter the same shall apply in Article 12 (1)) in the case of other trade unions" in parts other than each subparagraph of Article 10 (1) as "to the Minister of Employment and Labor", "Minister of Employment and Labor or the mayor of special city, the mayor of metropolitan city, the provincial governor, the governor of special self-governing province or the head of Si, Gun, Gu (hereinafter referred to as "the administrative authorities")" in Article 12 (1) as "Minister of Employment and Labor", "employer" in Article 30 (1) and (2) as "government's negotiating representative", "either the Mediation Committee or the single mediator" in Articles 58, 60 (2) through (4) and 61 (3) as "Labor Relations Adjustment Committee for Public Officials", "either the Chairperson of the Mediation Committee or the single mediator" in Article 59 as "the Chairperson of the Labor Relations Adjustment Committee for Public Officials", "mediation proposal under paragraph (1)" in Article 60 (3) as "mediation proposal", "all members of the Mediation Committee or the single mediator" in Article 61 (1) as "all members of the Labor Relations Adjustment Committee for Public Officials", "Arbitration Committee" in Articles 66 (1), 67 and 68 (2) as "Labor Relations Adjustment Committee for Public Officials", "Articles 88 through 93" in Article 94 as "Article 93", "worker" in the same Act as "public official", "employer"(excluding "employer" in Article 30 of the same Act) as "head of an organization or a person who deals with matters concerning public officials on behalf of the head of an organization", and "administrative authorities" as "Minister of Employment and Labor".
(3) The proviso to item D of subparagraph 4 of Article 2, Article 24, Article 24-2, Article 29, Articles 29-2 through 29-5, Articles 36 through 39, Article 41, Article 42, Articles 42-2 through 42-6, Articles 43 through 46, Articles 51 through 57, Article 60 (1) and (5), Articles 62 through 65, Article 66 (2), Articles 69 through 73, Articles 76 through 80, the proviso to subparagraph 2 of Article 81, Articles 88 through 92, and Article 96 (1) 3 of the Trade Union and Labor Relations Adjustment Act shall not apply to trade unions under this Act.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Enforcement Ordinance
- Article 14 (Relations with Other Presidential Decrees)
(1) Except as prescribed in paragraph (2), matters not provided for in this Decree with regard to trade unions and labor relation adjustments applicable to public officials shall be governed by the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act. In this case, the "Minister of Employment and Labor or the special city mayor, metropolitan city mayor and provincial governor" (hereinafter referred to as “administrative authorities”) in Article 9 (1) of the Enforcement Decree of the same Act shall be regarded as the "Minister of Employment and Labor", "the employer of the business or workplace in question or the employers association related thereto" in Article 9 (3), Article 11 (2) and Article 13 (4) as the "head of the agency concerned", "businesses or workplaces" in Article 10 (4) as ”agencies", the "Labor Relations Commission“ in Article 29 (1) as the "National Labor Relations Commission”, the "Arbitration Committee“ in Article 30 (1) as the "Labor Relations Adjustment Commission for Public Officials", “associated organizations of trade unions and nationwide industry-level trade unions" in the proviso other than the subparagraphs of Article 33 (1) as "associated organizations of trade unions and trade unions of the National Assembly, the Court, the Constitutional Court, Election Commissions and the Administration and other national-level trade unions", "Article 96 of the Act (excluding paragraph (1) 3)" in subparagraph 14 of the same paragraph as "Article 96 of the Act", "workers" in the Enforcement Decree of the same Act as "public officials" and "administrative authorities” in the Enforcement Decree of the same Act as the "Minister of Employment and Labor".
(2) The provisions of Article 7, Article 8, Article 11 (1) 4, Article 14, Articles 17 through 26, Article 28, Article 29 (2), Article 31, Article 32 and Article 33 (1) 10 through 13, 17 and 18 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act shall not apply to trade unions.
- Article 18 (Penal Provisions)
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A person who engages in strikes, work slowdowns or any other activities undermining normal business operation in violation of Article 11 shall be punished by imprisonment of up to five years or a fine not exceeding 50 million won.
<This Article Wholly Amended by Act No. 10133, Mar. 17, 2010>
Addenda <Act No. 8852, Feb. 29, 2008; Revision of the Government Organization Act>
- Article 1 (Enforcement Date)
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(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
- Addenda
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This Act shall enter into force on the date of its promulgation.
Addendum <Act No. 10133, Mar. 17, 2010>
- This Act shall enter into force on the date of its promulgation.
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Addenda<Act No. 10339, Jun. 4, 2010; Revision of the Government Organization Act>
- Article 1 (Enforcement Date)
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This Act shall enter into force one month after its promulgation.
- Articles 2 and 3 Omitted.
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- Article 4 (Revision of Other Acts)
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(1) through (16) Omitted.
(17) Parts of the Act on the Establishment, Operation, etc., of Public Officials' labor unions shall be revised as follows :
"Minister of Labor" in Article 5 (2), Article 14 (3) and the latter part of Article 17 (2) shall be changed to "Minister of Employment and Labor".
(18) through (82) Omitted.
- Article 5 Omitted.
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Addenda <Act No. 10699, May 23, 2011>
- Article 1 (Enforcement Date)
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This Act shall enter into force three months after its promulgation.
- Articles 2 and 5 Omitted.
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- Article 6 (Revision of Other Acts)
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(1) through (16) Omitted.
(17) Parts of the Act on the Establishment, Operation, etc., of Public Officials' labor unions shall be revised as follows :
"General public officials equivalent thereto who engage in research or special skill jobs" in Article 6 (1) 1 shall be changed to "general public officials equivalent thereto". And Article 6 (1) 5 shall be deleted.
(2) through (5) Omitted.
- Article 7 Omitted.
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