ACT ON THE ESTABLISHMENT, OPERATION, ETC., OF labor unionS FOR TEACHERS

Body text

Article 1 (Purpose)

The purpose of this Act is to prescribe matters concerning establishing teachers’ unions pursuant to the proviso to Article 5 (1) of the Trade Union and Labor Relations Adjustment Act and prescribe special exceptions to teachers in applying the Trade Union and Labor Relations Adjustment Act, notwithstanding Article 66 (1) of the State Public Officials Act and Article 55 of the Private School Act.

[This Article Wholly Amended on 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 Trade Unions for Teachers and those necessary for the enforcement thereof.
<This Article Wholly Amended by Presidential Decree No. 23375, Dec. 14, 2011>

Article 2 (Definition)

The term "teacher" in this Act means any of the following persons:

1. Teachers prescribed in Article 20 (1) of the Early Childhood Education Act;

2. Teachers prescribed in Article 19 (1) of the Elementary and Secondary Education Act;

3. Teachers prescribed in Article 14 (2) and (4) of the Higher Education Act (excluding instructors).

[This Article Wholly Amended on Mar. 17, 2010]

[This Article is amended by Act No. 17430 (Jun. 9, 2020), in accordance with the Constitutional Court's nonconformity decision rendered on Aug. 30, 2018.]

Article 3 (Prohibition of Political Activities)

No teachers’ union (hereinafter referred to as “union”) shall engage in any political activities.

[This Article Wholly Amended on Mar. 17, 2010]

Article 4 (Establishment of labor unions)

(1) Teachers may establish a labor union at the special city, metropolitan city, province or special self-governing province (hereinafter referred to as “cities or provinces”) level or at the national level.
(2) A person who intends to establish a labor union shall submit an union establishment report to the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 2 (Report of Subsidiary Organizations)

Of trade unions for teachers (hereinafter referred to as "trade unions"), unit trade unions covering two or more special cities, metropolitan cities or provinces (hereinafter referred to as "cities and provinces") may report the establishment of a chapter or branch of the trade union at the city or provincial level pursuant to Article 4 (2) of the Act on the Establishment, Operation, etc., of Unions for Teachers (hereinafter referred to as the "Act").

Enforcement Ordinance

Article 3 (Bargaining Procedure)

(1)If a representative of a trade union intends to initiate collective bargaining with his/her counterpart (if an organization consisting of persons who establish or operate private schools exist, the counterpart shall, in this paragraph, refer to the representative of such organization) pursuant to the provisions of Article 6 (1) of the Act, he/she shall notify his/her counterpart in writing at least 30 days prior to the planned date of negotiations. In this case, if two or more trade unions exist for the same organization, the representative of the trade union shall notify the counterpart under joint signature.

(2)A person who establishes or operates a private school shall, upon receiving a notice of negotiations pursuant to paragraph (1), organize a negotiating team at the national or city/provincial level.

(3)The parties to labor relations shall, upon receiving a notice of negotiations pursuant to paragraph (1), have a person appointed from among its members consult the agendas, number of negotiating members, date and place of negotiations and other necessary matters thereof before its planned date.

(4)The parties to labor relations shall appoint the negotiating members before the planned date of negotiations.

(5)In the case of paragraph (4), if two or more trade unions exist for the same organization, the negotiating members shall be appointed under an agreement between the unions or otherwise in proportion to the number of trade union members.

Article 4-2 (Membership Eligibility

The following persons are eligible to join a union:

1. A teacher;

2. A person who was appointed, and has worked, as a teacher and is prescribed by the bylaws of a union.

[This Article Newly Inserted on Jan. 5, 2021]

Article 5 (Status of Full-time Officials of labor unions)

(1) A teacher may be solely engaged in labor union affairs with the approval of the appointer.
(2) A teacher who is solely engaged in labor union affairs (hereinafter referred to as “full-time official”) with the approval of the appointer under paragraph (1) shall be considered to obtain an order to take leave of absence under Article 44 of the Public Educational Official Act and Article 59 of the Private School Act.
(3) A full-time official shall not be entitled to wages during the period of service as a full-time official.
(4) A full-time official shall not be subject to any disadvantages in promotion or in other matters related to personal status on grounds of his/her position as a full-time official during the period of service as a full-time official.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Article 6 (Authority, etc. to Bargain and Conclude Collective Agreements)

(1) The representative of a labor union shall have the authority to bargain and conclude a collective agreement with regard to the improvement of the economic and social status of teachers, such as wages, working conditions and welfare, etc., with the Minister of Education, the superintendent of the city and provincial office of education, or the person who establishes and runs the private school. In the case of private schools, the persons who establish and run such schools shall participate in negotiations at the national level or at the city or provincial level.
(2) In the case of paragraph (1), the negotiating group of the labor union shall consist of the representative and members of the labor union concerned.
(3) If there are two labor unions or more with the same persons as their members, the labor unions shall establish a single bargaining channel to demand collective bargaining.
(4) If the parties concerned conduct collective bargaining or conclude a collective agreement under paragraph (1), they shall negotiate in good faith, taking into consideration the opinion of the public and parents, and shall not abuse their authority.
(5) Necessary matters concerning procedures, etc., for collective bargaining under paragraph (1) shall be prescribed by the Presidential Decree.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 3 (Bargaining Procedure)

Enforcement Ordinance

Article 4 (Gathering of Public Opinions, etc.)

(1)The parties to labor relations may conduct a public opinion survey or hold a public hearing to gather public opinion and that of the students' parents pursuant to Article 6 (4) of the Act.

(2)Public opinion surveys and public hearings referred to in paragraph (1) may be conducted jointly by the parties to labor relations.

Article 7 (Effect of Collective Agreements)

(1) In collective agreements concluded in accordance with Article 6 (1), provisions regulated by Acts and subordinate statutes, bylaws or budgets and provisions regulated by the authority delegated under laws or bylaws shall not have the effect of collective agreements.
(2) The Minister of Education, the superintendents of city and provincial offices of education, and those who establish and run private schools shall make efforts in good faith to ensure the implementation of provisions which do not have the effect of collective agreements pursuant to paragraph (1).
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 5 (Notice of Implementation of Collective Agreements)

The Minister of Education, Science and Technology, the superintendent of a city and provincial office of education, or a person who establishes or operates a private school shall notify his/her counterpart in writing of the results of the implementation of the provisions of a collective agreement which do not have the effect of a collective agreement under Article 7 (1) of the Act before the start of the next negotiations. In this case, if an organization consisting of persons who establish or operate private schools exists, then the representative of such organization shall notify his/her counterpart in writing.

Article 8 (Prohibition of Industrial Action)

A union and its members shall not conduct strikes, sabotage or any other industrial actions of interfering with the normal operation of business.

[This Article Wholly Amended on Mar. 17, 2010]

Article 9 (Request, etc. for Mediation of Labor Disputes)

(1) Where collective bargaining under Article 6 falls apart, any one party or both parties may file an application for mediation of a labor dispute with the National Labor Relations Commission under Article 2 of the Labor Relations Commission Act (hereinafter referred to as "National Labor Relations Commission").

(2) Where one of the parties or both parties file an application for mediation under paragraph (1), the National Labor Relations Commission shall commence mediation without delay and both parties concerned shall conscientiously participate in the mediation process.

(3) Mediation shall be completed within 30 days from the date of receipt of the application under paragraph (1).

[This Article Wholly Amended on Mar. 17, 2010]

Article 10 (Commencement of Arbitration)

The National Labor Relations Commission shall conduct arbitration in any of the following subparagraphs;
1. Where both parties concerned request arbitration after collective bargaining under Article 6 breaks down;
2. Where the mediation proposal presented by the National Labor Relations Commission is rejected by one of the parties;and
3. Where the Chairperson of the National Labor Relations Commission decides to refer the case to arbitration by virtue of his/her authority or at the request of the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 6 (Mediation, etc. of Labor Disputes)

(1) When requesting mediation or arbitration pursuant to the provisions of Article 9 or Article 10 of the Act, the parties to labor relations shall make that request to the National Labor Relations Commission as prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) If the National Labor Relations Commission deems, after receiving a request pursuant to paragraph (1), that the issue in question is not subject to arbitration or mediation under Article 9 or Article 10 of the Act, it shall inform the person who requested of the reasons therefor along with an alternative solution other than mediation or arbitration.
(3) The National Labor Relations Commission shall, upon conducting mediation or arbitration of a labor dispute pursuant to Article 9 or Article 10 of the Act, immediately notify in writing the parties concerned and organize a Labor Relations Adjustment Committee for Teachers as specified in Article 11 of the Act.
<This Article Wholly Amended by Presidential Decree No. 23375, Dec. 14, 2011>

Article 11 (Composition of Labor Relations Adjustment Committee for Teachers)

(1) The Labor Relations Adjustment Committee for Teachers (hereinafter referred to as “the Committee”) shall be established under the National Labor Relations Commission to mediate and arbitrate the labor disputes of teachers.
(2) The Committee shall be composed of three public interest members in charge of medication, designated by the Chairperson of the National Labor Relations Commission:
Provided that a person who is not a public interest member in charge of mediation in the National Labor Relations Commission is recommended by the parties concerned under agreement, that person shall be designated.
(3) The Chairperson of the Committee shall be elected mutually from among its members.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 7 (Payment of Allowances, etc)

A person designated as a member of the Labor Relations Adjustment Committee for Teachers under the proviso of Article 11 (2) of the Act may be given allowances and travel expenses equivalent to those provided to a member of the Labor Relations Commission under Article 2 of the Labor Relations Commission Act (hereinafter referred to as “the Labor Relations Commission”) within the limits of the budget to perform his/her duties.
<This Article Wholly Amended by Presidential Decree No. 23375, Dec. 14, 2011>

Article 12 (Confirmation, etc. of Arbitration Award)

(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 suit 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 no administrative suit has been 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 therewith.
(4) The effect of an arbitration award rendered by the National Labor Relations Commission shall not be suspended by the filing of an administrative suit under paragraph (1).
(5) The arbitration award confirmed under paragraph (2) shall have the same effect as collective agreements.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Article 13 (Relations with Request for Examination of Teachers’ Appeal)

If a teacher or labor union makes a request for remedy to the Labor Relations Commission under Article 82 (1) of the labor union and Labor Relations Adjustment Act as the relevant teacher has been dismissed or given disadvantageous treatment on grounds of committing an act specified in subparagraphs 1 and 5 of Article 81 of the same Act, no request for the examination of an appeal shall be made to the Appeal Examination Commission for Teachers, notwithstanding Article 9 of the Special Act on the Improvement of Teachers’ Status and Protection of Educational Activities.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Enforcement Ordinance

Article 8 (Notice of Receipt of Remedy Request)

The Labor Relations Commission shall, upon receiving a request for remedy pursuant to the provisions of Article 13 of the Act, notify the Appeals Commission for Teachers of its receipt without delay.
<This Article Wholly Amended by Presidential Decree No. 23375, Dec. 14, 2011>

Article 14 (Relations with Other Laws)

(1) Except as otherwise expressly provided for in paragraph (2), the Trade Union and Labor Relations Adjustment Act shall apply to those matters not prescribed by this Act with respect to the unions and labor relationship adjustment to be applied to teachers (including persons falling under subparagraph 2 of Article 4-2). In such cases, “due to collective bargaining or industrial action” in Article 3 of the Trade Union and Labor Relations Adjustment Act shall be construed as “due to collective bargaining”; “collective bargaining or industrial action” in the main sentence of Article 4 of said Act as “collective bargaining”; “in cases of an associated trade union or a unit trade union extending over at least two of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces, to the Minister of Employment and Labor, in cases of a unit trade union extending over at least two Sis/Guns/Gus (referring to an autonomous Gu), to the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors, and in case of the other trade unions, to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or 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 the main sentence of Article 10 (1) of said Act as “to the Minister of Employment and Labor”; “the Minister of Employment and Labor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as ”administrative agency“)” in Article 12 (1) of said Act as “the Minister of Employment and Labor”; “the mediation committee or the single mediator” in Articles 58, 60 (1) through (4) and 61 (3) of said Act as “the Committee for Teachers’ Labor Relations Adjustment”; “the chairperson of the mediation committee or the single mediator” in Article 59 of said Act as “the chairperson of the Committee for Teachers’ Labor Relations Adjustment”; “all of the members of the mediation committee or the single mediator” in Article 61 (1) of said Act as “all of the members of the Committee for Teachers’ Labor Relations Adjustment”; “the arbitration committee” in Articles 66 (1), 67 and 68 (2) of said Act as “the Committee for Teachers’ Labor Relations Adjustment”; “the representative of a trade union or a person authorized by the trade union” in subparagraph 3 of Article 81 of said Act as “the representative of a union”; “subparagraph 3 of Article 85 (including cases applied mutatis mutandis in subparagraph 4 of Article 29-4)” in subparagraph 2 of Article 89 of said Act as “subparagraph 3 of Article 85”; “subparagraph 2 of Article 44, subparagraph 4 of Article 69, Article 77 or Article 81” in Article 90 of said Act as “Article 81”; "Articles 88 through 93" in Article 94 of said Act as "subparagraph 2 of Article 89 and Articles 90, 92 and 93"; “worker” in said Act as “teacher”; “employer” in said Act as “the Minister of Education, a Mayor/Do Governor, a superintendent of education of a City/Do, the head of a national or public school, or the founder or manager of a private school, or a person in charge of the matters regarding teachers, acting on behalf of the Minister of Education, a Mayor/Do Governor, a superintendent of education of a City/Do, the head of a national or public school, the founder or manager of a private school”; and “administrative agency” in said Act as “the Minister of Employment and Labor.”

(2) Subparagraph 4 (d) of Article 2, Articles 24, 24-2, 29 (2) through (4), 29-2 through 29-5, 36 through 39, 41, 42, 42-2 through 42-6, 43 through 46, 51 through 57, 60 (5), 62 through 65, 66 (2), 69 through 73, 76 through 80, the proviso to subparagraph 2 of Article 81 (1), Article 88, subparagraph 1 of Article 89, and Articles 91 and 96 (1) 3 of the Trade Union and Labor Relations Adjustment Act shall not apply to the unions under this Act.

[This Article Wholly Amended on Mar. 17, 2010]

Enforcement Ordinance

Article 9 (Relations with Other Enforcement Decrees)

(1)Except as prescribed in paragraph (2), matters not provided for in this Decree with regard to trade unions and labor relations adjustments applicable to trade unions for teachers shall be governed by the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act. In this case, "Minister of Employment and Labor or the special city mayor, the mayors of metropolitan cities and provincial governors (hereinafter referred to as “administrative authorities”)" in Article 9 (1) of the Enforcement Decree of the same Act shall be read as "Minister of Employment and Labor", "the employer of the business or workplace in question or the employers association related thereto" in Article 9 (3) and Article 13 (4) of the Enforcement Decree of the same Act as "Minister of Education, Science and Technology, the superintendent of the city and provincial office of education, or the person who establishes and operates the private school (if an organization consisting of such persons exists, the representative of such organization), "area falling under the jurisdiction of another administrative authorities" in Article 10 (2) of the Enforcement Decree of the same Act as "area falling under the jurisdiction of another local employment and labor office", the "administrative authorities which have jurisdiction over the new location" in Article 10 (2) of the Enforcement Decree of the same Act as "Minister of Employment and Labor", "paragraph (1) 3 and 4" in Article 11 (2) of the Enforcement Decree of the same Act as "paragraph (1) 3", "the employer of the business or workplace in question or the employers association related thereto" in Article 11 (2) of the Enforcement Decree of the same Act as the "Minister of Education, Science and Technology, the superintendent of the city and provincial office of education, or the person who establishes and operates the private school (if an organization consisting of such persons exist, the representative of such organization), “Labor Relations Commission” in Article 29 (1) of the Enforcement Decree of the same Act as the "National Labor Relations Commission", "Arbitration Committee" in Article 30 (1) of the Enforcement Decree of the same Act as "Labor Relations Adjustment Committee for Teachers", "worker" in the Enforcement Decree of the same Act as "trade union for teachers", "employer" in the Enforcement Decree of the same Act as "Minister of Education, Science and Technology, the superintendent of the city and provincial offices of education, the person who establishes and operates the private school, or the person who acts on behalf of the Minister of Education, Science and Technology, the superintendent of the city and provincial office of education, or the person who establishes and operates the private school" and "administrative authorities" in the Enforcement Decree of the same Act as "Minister of Employment and Labor".

(2) The provisions of Article 7, Article 8 (3), 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 15 (Penal Provisions)

(1) A person who takes industrial action in violation of Article 8 shall be punished by imprisonment of up to five years or by a fine not exceeding fifty million won.
(2) A person who fails to comply with an arbitration award in violation of Article 12 (3) shall be punished by imprisonment of up to two years or by a fine not exceeding twenty million won.
<This Article Wholly Amended by Act No. 10132, Mar. 17, 2010>

Addenda

Article 1 (Enforcement Date)

(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.

Addendum <Act No. 10132, Mar. 17, 2010>

This Act shall enter into force on the date of its promulgation.

Addenda <Act No. 10339, Jun. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force one month after its promulgation.

Articles 2 through 3 Omitted.

Article 4 (Revision of Other Acts)

(1) through (20) Omitted.
(21) Parts of the Act on the Establishment, Operation, etc., of labor unions for Teachers shall be revised as follows :
"Minister of Labor" in Article 4 (2), subparagraph 3 of Article 10, the latter part of Article 14 (1) shall be changed to "Minister of Employment and Labor". (22) through (82) Omitted.

Article 5 Omitted.

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

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