Ⅲ. Full-Time Union Officers

1. Paid Time-Off

According to the Trade Union Act, when an employer subsidizes wages to full-time union officers engaged in duties only for the labor union, this is considered to be unfair labor practice by the employer, and the employer shall be subject to a punishment of up to two years in prison or a fine of 20 million won. Since the time this provision was added to the Trade Union Act in 1997, implementation has been delayed several times, but starting July 1, 2010, it finally went into effect upon revision of the Trade Union Act on December 31, 2009. This revision, however, allows a minimal number of paid full-time union officers by introducing paid time-off for some union activities. The paid time-off can allow for full-time union officers within a maximum number of hours when the labor union and the employer agree on paid time-off. The employer shall not subsidize wages for full-time union officers in cases where there is no agreement between both parties.
This newly revised Act introduced a paid time-off system by tripartite agreement of union, management, and the government. This stipulates that the company can provide a minimal number of paid time-off hours for union activities, even though a wage subsidy for full-time union officers is prohibited. It is regarded as work-provision when labor union officers are engaged in collaborative activities with the company such as collective bargaining or consultation, grievance-handling, industrial safety issues, etc. and labor union maintenance/management tasks designed to promote good relations between labor and management. To determine the maximum number of paid time-off hours and the items considered as paid time-off, a Union Activity Review Commission(UARC) was composed under jurisdiction of the Ministry of Employment and Labor. The UARC consisted of 15 representatives: 5 recommended by labor, 5 by management, and 5 public committee representatives recommended by the government.
The Union Activity Review Commission(UARC) determined the maximum number of paid time-off hours at a conference attended by labor, management and public committee representatives in June 2013, which was announced by the Ministry of Employment and Labor and implemented on July 1, 2013. Wage subsidies for full-time union officers are prohibited, but if the collective agreement stipulates such subsidy, activities for which full-time union officers receive a subsidy from the employer are allowed within the maximum number of paid time-off hours regulated by the Ministry of Employment and Labor. If there is no such stipulation in the collective agreement, full-time union officers’ activities shall not be subsidized financially in principle.




2. Activities of full-time union officers

The employer shall admit new employees as full-time union officers when the labor union replaces current full-time union officers who are stipulated in the collective agreement, unless there is a special reason not to do so.

1) According to Article 24(1) of the Trade Union Act, if provided for in a collective agreement or allowed by employers, employees may be engaged exclusively in affairs of the labor union without providing employers with work specified in their employment contracts.

2) In cases where the collective bargaining agreement does not specify full-time union officers, but regulated the number of full-time union officers, in this case if current full-time union members including the union chairman cannot be engaged exclusively in the affairs of the labor union, the company shall admit new full-time union officers assigned in accordance with the decision or determination of the labor union’s organization with justifiable authority in consideration of the purpose of the collective agreement, customary acceptance, etc., unless there is a special reason not to do so.

Although full-time union officers were suspended from office as punishment, the employer shall continue to pay them if they were engaged exclusively in affairs of the labor union.

1) Despite being full-time union officers according to Article 24(1) of the Trade Union Act, the employees can only be exempted from providing employers with work specified in their employment contract according to a provision in the collective agreement or consent of the employer, but still maintain their status as employees. Accordingly, the employers can discipline full-time union officers in accordance with reasons for discipline and procedures stipulated in the collective agreement.

2) Although full-time union officers are exclusively engaged in the affairs of the labor union without providing employers with work specified in their employment contract, the officers can receive pay from the employer according to Article 24(2) of the Trade Union Act and Article 6 of its Additional Provision. Therefore, the employer shall pay full-time union officers in agreement with the labor union if full-time union officers have been engaged in affairs of the labor union even though they were suspended office as punishment.

The employer shall pay full-time union officers according to the collective agreement even during illegal strikes.

The pay that the employer provides to full-time union officers who are exempt from the obligation of providing work specified in their employment contract is different from wages paid in return for work. Therefore, the principle, no wage for no work according to Article 44(1) of the Trade Union Act, will not apply directly to full-time union officers, and their pay shall follow the agreement or decision of the labor union and the employer.

It is not legitimate that the union chairman appoints union officers, or that union officers are selected by rounds of applause.

1) Article 11 of the Trade Union Act regulates that all labor unions shall provide for matters concerning the procedures for election of officers in their bylaws in order to guarantee the autonomous and democratic operation of their organizations. Therefore, the election of officers shall be selected by the procedures and methods stipulated in the Trade Union Act and bylaws.

2) On the other hand, Article 16(4) of the Trade Union Act regulates that matters concerning the election of union officers shall be decided by members through direct, secret, and unsigned ballot. It violates the Trade Union Act when the union chairman appoints union officers or when they were selected by rounds of applause by labor union members. Union officers do not have the right to vote in this election unless they are delegates from the Council of Delegates according to Article 17(2) of the Trade Union Act.

It is null and void for the union bylaws or election management rules to stipulate indirect selection methods as a way of prohibiting labor union members from selecting delegates directly.

Article 17 of the Trade Union Act regulates that delegates in the council of delegates, on behalf of the general assembly, the highest decision-making body, shall be elected by direct, secret, and unsigned ballot. The purpose of this guide is to let the union members be engaged in decision-making about the organization and operations of the labor union and to promote democracy inside the labor union - namely, its democratic characteristics. Accordingly, it is null and void for a bylaw or election management rule to stipulate an indirect selection method and prohibits labor union members from selecting delegates directly, except in special situations.

Ⅳ. Dissolution of a Labor Union

A labor union shall be dissolved in any of the following cases:

1) Occurrence of any of the causes for dissolution prescribed in its bylaws;
2) merger or division of the business concerned;
3) resolution made to do so at a general meeting or by the council of delegates; or
4) decision by the competent authority to do so with the resolution of the Labor Relations Commission, when the union has no executive officials and has not carried out any union activity for 1 year or longer. It is deemed that a labor union has not carried out any union activity for 1 year or longer when it has not collected any membership dues from its member employees or has not called any general meeting or a meeting of delegates for 1 year or longer.