ACT ON THE PROMOTION OF WORKER PARTICIPATION AND COOPERATION [See entire ACT]

CHAPTER Ⅲ Operation of Council

Article 12 (Meetings)

(1) A council shall hold meetings regularly every three months.

(2) A council may, if deemed necessary, hold an extraordinary meeting.

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

Article 13 (Convocation of Meetings)

(1) The chairperson shall convene and preside over meetings of a council.

(2) Where the representative of either labor or management demands a meeting to be held specifying the purpose of the meeting in writing, the chairperson shall comply with such demand.

(3) The chairperson shall notify each member of the date, time, place, agenda, etc. of a meeting seven days before the opening of the meeting.

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

Article 13-2 moved to Article 14

Article 14 (Offer of Material in Advance)

Any workers' member may demand before the opening of a council meeting material related to matters for consultation under Article 20 (1) and matters for resolution under Article 21 from among agenda notified under Article 13 (3), and the relevant employer shall sincerely comply with such demand: Provided, That the foregoing shall not apply if the material demanded falls under the management or business secret of enterprise or personal information.

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

Article 15 (Quorum)

A meeting shall open with the attendance of respective majorities of workers' members and employers' members, and pass a resolution by an affirmative vote of not les.

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

Article 16 (Opening of Meetings)

A meeting of a council shall be open to the public: Provided, That it may not be open to the public upon a resolution of the council.

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

Article 17 (Duty of Confidentiality)

Members of a council shall not divulge any confidential matter which they come to know at a meeting of the Council.

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

Article 18 (Council Bylaws)

(1) A council shall establish bylaws governing its organization and operation (hereinafter referred to as "council bylaws") and submit them to the Minister of Employment and Labor within 15 days from the date of establishment of the council. The same shall also apply in cases where they are amended.

(2) Necessary matters with regard to matters to be stipulated in council bylaws, procedures for establishment, amendment, etc. thereof shall be prescribed by Presidential Decree.

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

Enforcement Ordinance

Article 5 (Bylaws of Council)

(1) Bylaws of the Council under Article 18 of the Act (hereinafter referred to as "bylaws of the Council") shall contain the following matters:

1. Number of members of the Council;

2. Matters related to the procedure for election of employee members and to registration of candidates;

3. Matters related to the qualifications of employer members;

4. Matters related to hours deemed devoted to working by a member of the Council under Article 9 (3) of the Act;

5. Matters related to the convocation of meetings, sessions thereof, operation, etc. of the Council;

6. Matters related to the method of and procedure for voluntary arbitration under Article 25 of the Act;

7. Matters related to the number of grievance-handling members and to the handling of grievances.

(2) The establishment or modification of bylaws of the Council shall require a decision of the Council.

Article 19 (Keeping of Minutes)

(1) A council shall draw up and keep minutes recording matters falling under any of the following subparagraphs:

1. Date, time and place of each meeting;

2. Members present at each meeting;

3. Contents of consultation, and matters decided at each meeting; and

4. Other matters discussed.

(2) Minutes referred to in paragraph (1) shall be kept for three years from the date they are drawn up.

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

Enforcement Ordinance

Article 6 (Preparation of Minutes)

Minutes under Article 19 of the Act shall be either signed or sealed by all members present.

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

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