Kang Nam Labor Law Firm

Article 6 (Composition of Council): (1) A council shall be composed of the same numbers of members representing workers and employers, and each number of members shall be not less than three but not more than ten persons.

(2) Members representing workers (hereinafter referred to as "workers' members") shall be elected by workers, and if a trade union composed of a majority of workers is available, they shall be the representative of the trade union and persons commissioned by the said trade union.

(3) Members representing employers (hereinafter referred to as "employers' members") shall be the representative of the business or workplace concerned and persons commissioned by such representative.

(4) Necessary matters concerning the election and commissioning of workers' members or employers' members shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 3 (Election of Employee Members): (1) Employee members of a business or workplace where a trade union consisting of a majority of employees under Article 6 (2) and (4) of the Act fails to be organized shall be elected in a direct and secret vote by employees: Provided, That if deemed inevitable for any of the special characteristics of a business or workplace, employees to elect employee members (hereafter referred to as "employee member voters" in this Article) may be elected in the first place in proportion to the number of employees for each department, and then employee members may be elected in a direct and secret vote with the participation by a majority of employee member voters.

(2) Any person who intends to run for employee member shall be an employee at the relevant business or workplace, and shall obtain recommendation from 10 or more employees at the business or workplace.

Article 4 (Supplementary Members): Where a vacancy occurs in an employee member, a supplementary member shall be commissioned or elected within 30 days, and in the case of a business or workplace where no trade union consisting of a majority of employees exists, the first candidate in order of the number of votes gained in the employee member election from among the persons who fail to be elected in vote may be commissioned as an employee member.

Article 7 (Chairperson and Secretary): (1) A council shall have a chairperson, and the chairperson shall be elected by mutual vote from among members. In this case, each one from workers' members and employers' members may be co-chairpersons.

(2) The chairperson shall represent the relevant council and exercise overall control of its affairs.

(3) Both workers and employers shall appoint one secretary respectively to be in charge of clerical work, such as recording the results of meetings.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 8 (Term of Office of Member): (1) The term of office of a member shall be three years and he may be reelected or recommissioned.

(2) The term of office of a member elected or commissioned to fill the vacancy of a member shall be the remaining term of the relevant predecessor.

(3) A member shall continue to perform his duties until his successor is elected or commissioned, even when the term of his office has expired.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 9 (Status of Members): (1) Members shall be non-standing and non-paid basis.

(2) Any employer shall not take an unfavorable disposition against any workers' member in connection with the performance of duty as a member of a council.

(3) Hours for which a member attends a council meeting and hours which are directly related thereto as determined by council bylaws under Article 18 shall be regarded as hours devoted to work.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 10 (Duty of Employer): (1) Any employer shall neither intervene in nor interfere with an election of workers' members.

(2) Any employer shall offer basic convenience such as a use of a place for the activities of workers' members.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]

Article 11 (Order for Correction): Where any employer takes an unfavorable disposition against a workers' member in violation of Article 9 (2), or intervenes in or interferes with an election of a workers' member in violation of Article 10 (1), the Minister of Employment and Labor may issue an order to correct such violation.

[This Article Wholly Amended by Act No. 8815, Dec. 27, 2007]