MINIMUM WAGE ACT [See entire ACT]
CHAPTER Ⅳ Minimum Wage Council
- Article 12 (Establishment of Minimum Wage Commission)
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The Minimum Wage Commission shall be established under the Ministry of Employment and Labor for the deliberation of minimum wage and other important matters related thereto.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 13 (Functions of Commission)
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The Commission shall perform the following functions:
1. Deliberation or redeliberation on the minimum wage;
2. Deliberation on classification by type of business to which the minimum wage is applicable;
3. Research and suggestions for the development of the minimum wage system;
4. Deliberation on other important matters related to the minimum wage, which are referred by the Minister of Employment and Labor to meetings.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 14 (Composition of Commission)
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(1) The Commission shall be comprised of the following members:
1. Members who represent employees (hereinafter referred to as "employee members"): Nine members;
2. Members who represent employers (hereinafter referred to as "employer members"): Nine members;
3. Members who represent the public interest (hereinafter referred to as "public interest members"): Nine members.
(2) The Commission shall have two permanent members, who are to become public interest members.
(3) The term of office of a member shall be three years, and the consecutive appointment may be permitted.
(4) Where a vacancy occurs, the term of office of any members filling the vacancy shall be the remaining period of his/her predecessor's term.
(5) On the expiration of a term of office, a member shall continue to perform his/her duties until his/her successor is appointed or commissioned.
(6) Matters necessary for qualifications, appointment, commission, etc. of members shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 12 (Commission or Appointment of Commission Members)
(1) Employee members, employer members, and pubic interest members under Article 14 (1) of the Act shall be commissioned by the President upon the nomination of the Minister of Employment and Labor.
(2) Permanent members under Article 14 (2) of the Act shall be appointed by the President upon the nomination of the Minister of Employment and Labor.
(3) Employee members shall be nominated from among persons recommended by the confederation of trade unions, and employer members shall be nominated from among the persons recommended by the nationwide organized employers' association designated by the Minister of Employment and Labor.
(4) Where a vacancy occurs, the successor shall be commissioned or appointed within 30 days from the date of the vacancy: Provided, That where the remaining term of office of a predecessor is not less than one year, the commission or appointment of a successor may be omitted.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 12-2 (Dismissal of Commission Members)
In any of the following cases, the President may dismiss any relevant member referred to in Article 14 (1) 1 through 3 of the Act:
1. Where he/she becomes incapable of performing his/her duties due to a mental or physical disability;
2. Where it is found that he/she is involved in any misconduct in connection with his/her duties;
3. Where it is deemed that he/she is not unsuitable for serving as a member due to neglect of duties, injury to dignity, or any other reason;
4. Where he/she declares himself/herself that it is impracticable for him/her to perform duties.
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
Enforcement Ordinance
- Article 13 (Criteria for Commission of Public Interest Members)
Public interest members shall be commissioned from among persons who meet any of the following qualifications:
1. Persons who were public officials of Grade III or higher or public officials belonging to the Senior Executive Service with profound academic knowledge and experience in labor matters;
2. Persons who currently hold or previously held offices as an associate professor or higher position in the field of labor economics, labor management relations, labor law, sociology, social welfare, or other fields related thereto in a university for not less than five years;
3. Persons who currently engage in or previously engaged in research into labor relations in an officially authorized research institute for not less than 10 years (five years in cases of a doctorate degree holder in the fields specified in subparagraph 2);
4. Other persons recognized by the Minister of Employment and Labor to have profound knowledge and experience equivalent to those referred to in subparagraphs 1 through 3.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 14 (Appointment Qualification of Permanent Members)
Permanent members of the Commission shall be appointed from among persons who meet any of the following qualifications:
1. Persons who have experience in the field of labor administration as public officials of Grade III or higher or public officials belonging to the Senior Executive Service;
2. Persons who previously held office as an associate professor or a higher position in the field of labor economics, labor-management relations, labor law, sociology, social welfare, or other fields related thereto in a university for not less than five years.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 15 (Chairperson and Vice-Chairperson)
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(1) The Commission shall have one Chairperson and one Vice-Chairperson.
(2) The Chairperson and the Vice-Chairperson shall be elected by the Commission from among the public interest members.
(3) The Chairperson shall exercise overall control over affairs of the Commission and represent the Commission.
(4) When the Chairperson is unable to perform his/her duties due to unavoidable reasons, the Vice-Chairperson shall act on behalf of the Chairperson.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 16 (Special Members)
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(1) The Commission may appoint up to three special members from among the public officials of relevant administrative agencies.
(2) Special members may attend and speak at meetings of the Commission.
(3) Matters necessary for qualifications, commission, etc. of special members shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 15 (Commission of Special Members)
Special members under Article 16 of the Act shall be commissioned by the Minister of Employment and Labor from among public officials of Grade III or higher in the related administrative agencies or public officials belonging to the Senior Executive Service.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 17 (Meetings)
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(1) Meetings of the Commission shall be convoked by the Chairperson in any of the following cases:
1. Where the Minister of Employment and Labor requests the convocation of a meeting;
2. Where at least 1/3 of all the members request the convocation of a meeting;
3. Where the Chairperson deems necessary to convoke a meeting.
(2) The Chairperson shall preside over meetings of the Commission.
(3) Except as otherwise provided in this Act, the Commission shall make a decision with attendance of a majority of all members and by the concurrent vote of a majority of members present.
(4) For decision-making under paragraph (3), the Commission shall have attendance of at least 1/3 of employee members and employer members, respectively: Provided, That the same shall not apply where employee members or employer members fail to attend without justifiable reasons even after the issuance of two or more summons.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 18 (Hearing of Opinion)
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If deemed necessary to perform its duties, the Commission may hear the opinion of the employees, employers and other relevant persons.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 16 (Compensation for Actual Expense)
Relevant employees and employers and other related persons who appear at the Commission (including a technical committee to which Article 19 (4) of the Act apply mutatis mutandis) under Article 18 of the Act may be paid allowances and travel expenses within budgetary limits.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 19 (Technical Committee)
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(1) If deemed necessary, the Commission may establish a technical committee by type of business or specific matter.
(2) A technical committee shall perform the functions prescribed in any of the subparagraphs of Article 13, with part of the Commission's authority delegated.
(3) A technical committee shall be comprised of an equal number of members, each not exceeding five employee members, employer members, and public interest members, respectively.
(4) Matters concerning the operation, etc. of the Commission under Articles 14 (3) through (6), 15, 17 and 18 shall apply mutatis mutandis to a technical committee. In such cases, the "Commission" shall be deemed a "technical committee".
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 17 (Composition of Technical Committee)
(1) A technical committee under Article 19 (1) of the Act shall be comprised of members designated by the Chairperson of the Commission from among its members.
(2) If the Chairperson of the Commission deems it difficult to organize a technical committee under paragraph (1) only with the members of the Commission or deems it necessary to review the matters concerned specially, the Chairperson may commission members of the technical committee separately. In such cases, among members of a technical committee separately commissioned, Article 12 (3) shall apply mutatis mutandis to the commission of employee members and employer members; Article 13 shall apply mutatis mutandis to the commission of public interest members.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 18 (Allowance of Members)
The members, other than permanent members of the Commission under Article 14 (1) of the Act, and the members of a technical committee under Article 19 (3) of the Act may be paid allowances and travel expenses necessary to perform their duties within budgetary limits; the allowance shall be paid on the basis of the number of attending dates and the travel expenses shall be paid in the amount corresponding to the amount paid to those who are in the position of permanent members.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 19 (Survey of Actual Conditions)
The Minister of Employment and Labor may have the Commission survey the living expenses and wage conditions of employees under Article 23 of the Act.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 20 (Secretariat)
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(1) The secretariat shall be established with the Commission to manage its affairs.
(2) The secretariat may have up to three researchers for the investigation and research into technical matters necessary for deliberation on minimum wages, etc.
(3) Matters necessary for qualifications, appointment and allowances of researchers, and the organization and operation of the secretariat shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 21 (Allowance of Members)
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Any member of the Commission or technical committees may be paid allowances and travel expenses, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 22 (Operational Regulations)
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The Commission may enact regulations concerning the operation of the Commission and technical committees to the extent that the regulations do not violate this Act.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
