ACT ON THE TRIPARTITE COMMISSION FOR ECONOMIC AND SOCIAL DEVELOPMENT [See entire ACT]

Body text

Article 1 (Purpose)

The purpose of this Act is to resolve social polarization, to promote social integration and to contribute to the balanced development of the national economy by establishing an Economic, Social and Labor Council that provides advice on request to the President, through which economic and social key players, such as laborers and employers, and the Government may have discussions on employment and labor policies, on economic and social policies related thereto, etc. based on mutual trust and cooperation, and by prescribing matters necessary for the organizational structure, operation, etc. thereof.

Enforcement Ordinance

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Tripartite Commission for Economic and Social Development and the particulars necessary for its implementation.

Article 2 (Responsibilities of Participants)

Economic and social key players, such as laborers and employers, and the Government shall, independently, autonomously and sincerely, have discussions based on mutual trust; and shall value the outcomes to the maximum.

Article 3 (Establishment and Functions of Commission)

(1) The Economic, Social and Labor Council (hereinafter referred to as the “Council”) shall be established under the jurisdiction of the President.

(2) The Council shall discuss the following matters:

1. Matters concerning employment and labor policies, as well as industrial, economic, welfare and social policies related thereto, etc.;

2. Matters concerning improvement of systems, awareness and practices for the development of labor-management relationship;

3. Matters concerning measures to support projects for the promotion of cooperation between economic and social key players, such as laborers and employers; and

4. Other matters on which the President requests advice.

Enforcement Ordinance

Article 2 (Recommendation and Consecutive Elimination of Candidates for Members Representing Public Interests)

(1) The chairperson (hereinafter referred to as “the chairperson”) of the Tripartite Commission for Economic and Social Development (hereinafter referred to as “the Commission”) under Article 3 of the Act on the Tripartite Commission for Economic and Social Development (hereinafter referred to as “the Act”), nationwide workers’ organization and nationwideemployers’ organization shall each recommend as many people as are to be appointed as members representing public interests in the Commission pursuant to Article 4 (4) of the Act.
(2) If the nationwide workers’ organization and nationwide employers’ organization eliminate one by one the candidates recommended under paragraph (1) pursuant to Article 4 (4) of the Act, they shall do so until there remain 150/100 (Any fraction less than one shall be regarded as one person.) of the number of members to be appointed.
(3) If two or more nationwide workers’ organizations and nationwide employers’ organizations recommend or eliminate one by one candidates for members representing public interests pursuant to paragraph (1) and (2), the workers’ organizations and employers’ organizations shall do so after mutual consultation between them.
<This Article Wholly Amended by Presidential Decree No. 20027, Apr. 26, 2007>

Enforcement Ordinance

Article 3 (Proposal and Tabling of Motion)

(1) A member of the Commission may propose a motion to be tabled before the Commission.
(2) The chairperson of the Commission shall table a proposed motion before the Commission after review and coordination by the standing committee under Article 8 of the Act:Provided that the chairperson may table a proposed motion before the Commission by virtue of his/her authority if there is an inevitable reason.

Article 4 (Composition and Operation of Commission)

(1) The Council shall consist of a chairperson and the following members:

1. One standing member;

2. Five members representing laborers;

3. Five members representing employers;

4. Two members representing the Government; and

5. Four members representing public interests.

(2) The chairperson and the standing member shall be appointed by the President.

(3) Members representing laborers shall be appointed by the President from among the following persons:

1. The representative of a national confederation of labor organizations; and

2. One person requested by the chairperson at the recommendation of a national confederation of labor organizations.

(4) Members representing employers shall be appointed by the President from among the following persons:

1. The representative of a national employers' organization; and

2. One person requested by the chairperson at the recommendation of a national employers' organization.

(5) The Minister of Strategy and Finance and the Minister of Employment and Labor shall become members representing the Government.

(6) The members representing public interests shall be appointed by the President at the request of the chairperson after hearing the opinions of a national confederation of labor organizations, and of a national employers' organization, from among persons who have abundant knowledge and experience in employment and labor, economic and social affairs, etc.

(7) If needs arise for discussions on matters under Article 3 (2), the President may appoint the heads of relevant administrative agencies, such as the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, and the Minister of SMEs and Startups, as special members, in addition to the members under paragraph (1).

(8) Other matters necessary for the composition, operation, etc. of the Council shall be prescribed by Presidential Decree.

Article 5 (Duties of Chairperson, etc.)

(1) The chairperson shall represent the Council, and have general charge of the Council.

(2) The standing member shall assist the chairperson, and perform the chairperson's duties on behalf of the chairperson if the chairperson is unable to perform his or her duties due to unavoidable reasons.

Article 6 (Term of Office for Members)

(1) The chairperson and members of the Council shall have a term of office of two years, and may serve for one more term of office.

(2) The chairperson and members of the Council shall serve after the expiration of their term of office until their successors take office.

Article 7 (Meetings of Council)

(1) The chairperson shall call a meeting of the Council and chair the meeting.

(2) A meeting of the Council shall be held in any of the following cases:

1. When the President requests that a meeting be held;

2. When at least 1/3 of the members on the register request that a meeting be held; and

3. Other cases the chairperson deems necessary.

(3) A quorum for the Council meetings shall be at least 2/3 of the members on the register, and a resolution shall be passed when at least 2/3 of the members present vote in favor.

(4) When the Council intends to pass a resolution under paragraph (3), at least 1/2 of the members representing laborers, employers and the Government shall be present, respectively.

Enforcement Ordinance

Article 4 (Meetings of Commission)

(1) If the chairperson intends to convene a meeting pursuant to Article 7 (2) of the Act, he/she shall inform, in writing, each member of the Commission of the agenda, date and time, and place of the meeting at least three days before the meeting:Provided that this may not apply if there is an inevitable reason.
(2) The chairperson may, if deemed necessary, hold a meeting closed to the publice after the Commission’s decision.

Article 8 (Steering Committee)

(1) The Council shall establish a steering committee to process the following matters:

1. To review and coordinate agendas to be presented to the meetings of the Council;

2. To process matters delegated by the Council; and

3. To support the activities of the Council.

(2) The steering committee shall consist of not more than 10 members, including one chairperson of the steering committee; and the standing member of the Council shall concurrently hold the post of chairperson of the steering committee.

(3) The chairperson of the steering committee shall appoint the members of the steering committee from among the following persons:

1. A person capable of assisting the representative of a national confederation of labor organizations, and performing the duties of the representative on his or her behalf;

2. A person capable of assisting the representative of a national employers' organization, and performing the duties of the representative on his or her behalf; and

3. Vice Ministers of relevant administrative agencies.

(4) Article 6 and Article 7 (1), (3) and (4) shall apply mutatis mutandis to the steering committee. In such cases, "chairperson" shall be construed as "chairperson of the steering committee," "member" as "member of the steering committee," and "Council" as "steering committee."

(5) Matters necessary for the composition, operation, etc. of the steering committee shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 5 (Composition of Standing Committee)

(1) The standing committee shall be composed of the chairperson of the standing committee and members specified in the following subparagraphs.
1. Five persons recommended by nationwide workers’ organizations;
2. Five persons recommended by nationwide employers’ organizations;
3. Vice Minister of Strategy and Finance and the Vice Minister of Employment and Labor;and
4. Not more than four other related experts representing public interests.
(2) The chairperson may, if necessary for consultation on matters prescribed by Article 3 (2) of the Act, appoint not more than three members of the standing committee from among the Vice Minister of Strategy and Finance, the Vice Minister of Trade, Industry and Energy, etc.
(3) Article 2 shall apply mutatis mutandis to the recommendation of the public interest members of the standing committee and the procedure for and method of eliminating candidates one by one under the proviso to Article 8 (3) of the Act. In this case, “Article 4 (4) of the Act” in Article 2 shall be read as “proviso to Article 8 (3) of the Act”, “Commission” as “standing committee”, and “members” as “members of the standing committee.”
(4) The chairperson may dismiss the members of the standing committee who were appointed upon the recommendation of workers or employers’ organizations, if requested by the workers’ or employers’ organizations.

Enforcement Ordinance

Article 6 (Support for Commission’s Activities)

The standing committee shall conduct the following duties and report the results to the Commission:
1. Review and coordination of motions to be tabled before the Commission;
2. Handling of matters delegated by the Commission;
3. Monitoring of the implementation of the decisions made by the Commission;
4. Matters concerning gathering of public opinion under Article 14 of the Act;
5. Matters concerning requests for surveys and research under Article 15 of the Act

Enforcement Ordinance

Article 7 (Meetings of Standing Committee)

(1) A meeting of the standing committee shall be convened in each of the following cases.
1. Where the chairperson calls for a meeting;
2. Where one third or more of the members of the standing committee call for a meeting;and
3. Other cases where the chairperson of the standing committee deems it necessary.
(2) When the Standing Committee Chairperson can not carry out his/her duty due to unavoidable circumstances, a Standing Committee member designated by the Chairperson shall carry out the duty. When the Standing Committee Chairperson can not appoint due to his/her vacancy, etc., a Standing Committee member shall carry out the duty according to seniority.
(3) Article 4 shall apply mutatis mutandis to the standing committee. In this case, “chairperson” and “Commission” shall be read as “chairperson of the standing committee” and “standing committee”, respectively.

Article 9(Agenda- and Industry-Specific Committees)

(1) The Council shall establish an agenda-specific committee and an industry-specific committee under the steering committee: Provided, That the agenda-specific committee and the industry-specific committee shall continue to exist for a maximum period of one year, and, if necessary, the period may be extended subject to vote at the Council.

(2) The chairperson of the agenda-specific committee and the chairperson of the industry-specific committee shall be appointed by the chairperson of the Council.

(3) Other matters necessary for the composition, operation, etc. of the agenda-specific committee and the industry-specific committee shall be prescribed by Presidential Decree.

Enforcement Ordinance

Enforcement Ordinance

Article 10 (Agenda Development and Coordination Committee)

(1) The Council shall establish an agenda development and coordination committee under the steering committee.

(2) The standing member shall concurrently hold the post of chairperson of the agenda development and coordination committee.

(3) Other matters necessary for the composition, operation, etc. of the agenda development and coordination committee shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 10 (Composition of Committee by Agenda and Industry)

(1) A committee by agenda and industry under Article 10 (1) of the Act shall be composed of 20 members or less including one chairperson.
(2) The chairperson of the committee by agenda and industry (hereinafter referred to as “chairperson of the committee by agenda and industry”) shall be appointed by the chairperson from among persons who have plenty of knowledge and experience in labor, economic and social affairs, and the members of the committee by agenda and industry shall be appointed by the chairperson from among persons falling under any of the following subparagraphs. In this case, the number of members appointed from among persons falling under subparagraph 1 and the number of members appointed from among persons falling under subparagraph 2 shall be equal:
1. Persons recommended by nationwide workers’ organizations;
2. Persons recommended by nationwide employers’ organizations;
3. Public officials recommended by the heads of related administrative agencies;
4. Related experts representing public interests;and
5. Other persons deemed necessary by the chairperson with regard to the agenda
(3) The public interest members of the committee by agenda and industry shall be appointed by the chairperson from among candidates left after they are eliminated one by one by nationwide workers’ organizations and nationwide employers’ organizations from among those who have plenty of knowledge and experience in labor, economic and social affairs and are recommended by the chairperson, nationwide workers’ organizations and nationwide employers’ organizations.
(4) Article 2 shall apply mutatis mutandis to the recommendation of the public interest members of the committee by agenda and industry and the procedure for and method of eliminating candidates one by one under paragraph (3). In this case, “Article 4 (4) of the Act” in Article 2 shall be read as “Article 10 (3)”, “Commission” as “committee by agenda and industry”, and “members” as “members of the committee by agenda and industry.”
(5) The committee by agenda and industry may, if deemed necessary, set up a subcommittee under it.
<This Article Wholly Amended by Presidential Decree No. 20027,Apr. 26, 2007>

Enforcement Ordinance

Article 11 (Meetings of Committee by Agenda and Industry)

(1) The chairperson of the committee by agenda and industry shall convene and chair the meetings of the committee by agenda and industry.
(2) A meeting of the committee by agenda and industry shall be held with the attendance of a majority of all members and take a decision with the approval of two-thirds or more of the members present.
(3) The chairperson of the committee by agenda and industry may, if deemed necessary, request a working-level person of a related administrative agency to attend its meeting and state his/her opinions.
(4) Article 4 and Article 7 (1) and (2) shall apply mutatis mutandis to the calling of meetings of committee by agenda and industry, etc. In this case, “chairperson” in Article 4 shall be read as “chairperson of the committee by agenda and industry”, “Article 7 (2) of the Act” as “Article 7 (1)”, “Commission” as “committee by agenda and industry” and “members” as “members of the committee by agenda and industry” respectively, and “standing committee” in Article 7 shall be read as “committee by agenda and industry”, “member of the standing committee” as “members of the committee by agenda and industry” and “chairperson of the standing committee” as “chairperson of the committee by agenda and industry.”
<This Article Wholly Amended by Presidential Decree No. 20027, Apr. 26, 2007>

Article 11 (Special Committee)

(1) In order to respond to emergencies, the Council may establish a special committee under the steering committee.

(2) In order for various walks of the society to develop agenda items, to propose policies, and to make a request, if necessary, that an agenda item be submitted to the Council, the Council may establish relevant committees under the steering committee.

(3) Matters necessary for the composition, operation, etc. of a special committee under paragraph (1) and of relevant committees under paragraph (2) shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 12 (Organization and Operation of Secretariat)

(1) Deleted
(2) The secretary general under Article 11 (2) of the Act shall conduct the business of the secretariat upon the orders of the chairperson, and direct and supervise the staff of the secretariate.
(3) The Commission may, if necessary for conducting its business, employ related experts as limited term public officials for the secretariat of the Commission.
(4) Other matters concerning the organization and operation of the secretariat shall be prescribed by the detailed rules for operation of the Commission.

Article 12 (Secretariat)

(1) The Council shall establish a secretariat to process the affairs of the Council.

(2) The secretariat shall have one secretary general, and the standing member of the Council shall concurrently hold the post of secretary general.

(3) Matters necessary for the composition, operation, etc. of the secretariat shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 13 (Number, Qualifications, etc. of Expert Advisors)

(1) The number of expert advisors in the Commission shall be 15 or less in accordance with Article 12 of the Act.
(2) The expert advisors shall be appointed by the chairperson from among persons with abundant knowledge and experience in the fields of labor, industrial, economic and social policies, such as those who majored and earned a doctorate degree in the said fields, etc.
(3) The expert advisors shall perform the following duties in relation to professional surveys and research on the work of the Commission:
1. Review of an agenda of the Commission;
2. Review of measures to implement the matters decided by the Commission;
3. Collection of materials relating to the work of the Commission;
4. Other matters requested by the Commission.

Article 13 (Professional Members)

(1) The Council shall have professional members for conducting professional inspections and research concerning its duties.

(2) Matters necessary for the number, qualifications, etc., of professional members shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 14 (Cooperation of Relevant Agencies)

(1) If necessary to perform duties, the Council may make the following requests:

1. To request relevant parties, relevant public officials and relevant experts to attend a meeting of the Council and to state their opinions; and

2. To request relevant parties and relevant agencies to provide explanation or to submit data.

(2) Relevant parties, relevant public officials or relevant agencies in receipt of a request under paragraph (1) from the Council shall comply with such request in the absence of special circumstances.

Article 15 (Collection of Public Opinion)

If necessary to perform duties, the Council may hold public hearings and seminars, conduct opinion polls, have broadcast debates, etc. to collect public opinion.

Article 16 (Request for Inspections or Research)

If necessary to perform duties, the Council may request relevant agencies, relevant organizations, relevant experts, etc. to conduct an inspection or research.

Article 17 (Dispatch, etc. of Relevant Public Officials or Staff Members)

If necessary to perform duties, the chairperson of the Council may consult with the heads of relevant agencies, relevant organizations, etc., so that their public officials or staff members can be dispatched to the Council or can serve at the Council while concurrently serving in their original positions.

Article 17-2 (Notification of Results of Discussion)

If the Commission fails to make a decision as either all members representing workers or all members representing employers are absent from the decision-making process under Article 7 (3) and (4), it may hold a meeting with the attendance of a majority of all members and take a decision to notify the government of the results of the discussion conducted thus far with the approval of a majority of the members present.
<This Article Newly Inserted by Act No. 8297, Jan. 26, 2007>

Article 18 (Report on Outcomes of Discussions)

(1) The chairperson of the Council shall report the Council’s main activities, such as the outcomes of discussions, to the President.

(2) The chairperson of the Council may notify relevant administrative agencies of its resolutions, and demand them to implement the resolutions.

Enforcement Ordinance

Article 15 (Publication on Implementation Status of Decisions)

In order to ensure that pursuant to Article 18 of the Act, the government, workers’ organizations and employers’ organizations implement in good faith the matters decided by the Commission, the chairperson may check out quarterly whether such matters are implemented, and, if necessary, publicize the results.

Article 19 (Duty to Implement in Good Faith)

Economic and social key players, such as laborers and employers, and the Government shall make utmost efforts to integrate the resolutions passed by the Council into policies, and to implement them in good faith.

Enforcement Ordinance

Article 16 (Composition and Functions of Regional Tripartite Consultation Body)

(1) A regional tripartite consultation body established under Article 19 (1) of the Act shall be composed of 30 or less members including one chairperson.
(2) The chairperson of a regional tripartite consultation body shall be the head of the competent local government, and the members of a regional tripartite consultation body shall be appointed by the head of the competent local government from among persons falling under any of the following subparagraphs. In this case, the number of members representing workers and the number of members representing employers shall be equal:
1. Persons representing workers;
2. Persons representing employers;
3. Persons representing public interests;
4. Persons representing the relevant local government;and
5. Persons representing the relevant local employment and labor office.
(3) A regional tripartite consultation body prescribed in paragraph (1) shall consult the following matters.
1. Matters concerning tripartite cooperation measures in the region;
2. Matters concerning unemployment and employment measures in the region;and
3. Other matters concerning the regional economy and the development of the regional industrial relations.
(4) Necessary matters concerning the composition and operation of the subcommittees, secretariat, etc., of a regional tripartite consultation body shall be prescribed by the ordinance of the relevant local government in a way to suit the circumstances of the relevant region.

Enforcement Ordinance

Article 16-2 (Support for Regional Tripartite Consultation Body)

The Commission may provide the following support with regard to regional tripartite consultation bodies pursuant to Article 19 (2):
1. Establishment of a regional tripartite consultation body;
2. Operation of a regional tripartite consultation body for regional tripartite cooperation;and
3. Other matters deemed necessary by the chairperson for the promotion of a regional tripartite consultation body
<This Article Newly Inserted by Presidential Decree No. 20027, Apr. 26, 2007>

Article 20 (Support for Regional Social Dialogues)

(1) The Council may provide support necessary to promote social dialogues between economic and social key players, such as laborers and employers, in an area and the local government of the area.

(2) Matters necessary for the support under paragraph (1) shall be prescribed by Presidential Decree.

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

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