LABOR LAW GUIDE

Chapter 13 Labor Unions

Section 2: Method for Establishing a Labor Union

Ⅰ. Effects of the Establishment of a Labor Union

A labor union, upon receiving a Certificate of Labor Union Establishment, is entitled to the following legal protections :

① Immunity for justifiable industrial actions from civil and criminal liabilities;
② Registering with the competent registration office to make the union an incorporated body;
③ Mediation for labor disputes from the Labor Relations Commission upon request;
④ Remedy for unfair labor practices from the Labor Relations Commission upon request;
⑤ Receiving the status of a labor union;
⑥ Exemption from taxation for its union activities, in accordance with the tax code(except for profit-making activities).

Ⅱ. Procedures for Establishing a Labor Union

To establish a labor union, the employees shall complete an application form for labor union establishment and submit it, along with their union’s bylaws, to the related administrative office. The administrative office shall issue a Certificate of Labor Union Establishment as long as there is no reason to reject the application. Before this, the employees who wish to establish a labor union shall hold a general meeting where they shall establish the union bylaws and elect union officials. The administrative office very often requests meeting minutes of the general meeting as verification that the bylaws were legitimately established and union officials properly elected. Therefore the meeting minutes are used to objectively verify that the labor union was established according to legally appropriate procedures.

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

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