1. 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 Article 3,4,6, and 7 of the Labor Union Act
:
① Immunity for justifiable industrial actions from civil and criminal liabilities;
② Registering with the competent register 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).

2. 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.

3. Meeting minutes of a General Meeting for Labor Union Establishment (Sample)

4. Documents Required to Establish a Labor Union

(1) Application for Establishment of a Labor Union

(2) List of Labor Union Officials



(3) Establishing Bylaws


Establishing Bylaws (Sample)
Chapter 1. General Provisions
Article 1. [Name] The union name will be 000 Labor Union (hereinafter referred to as "the Labor Union," or "Union").
Article 2. [Purpose] The purpose of this Labor Union is to enhance the economic and social status, promote fair wages, and protect the dignity of its members.
Article 3 [Aims] The aims of the Labor Union are to achieve the following:
1. Ensure the right to organize
2. Maintain and improve working conditions
3. Improve working environment
4. Promote the welfare of its members
5. Democratize business operations and ensure equitable distribution of profits between management and the Labor Union
6. Improve the skills and quality of the education provided by its members
7. Take care of other labor issues affecting the Labor Union or its members.
Article 4 [Main Office] The Labor Union office will be located at ○○○.

Chapter 2. Organization
Article 5. [Organization] The Union will consist of all employees working at ○○○ who join the Union. However, employers as described by Article 2 of the Trade Union Act cannot be included as members.
Article 6. [Becoming a member and withdrawing membership] ① Membership in the Union becomes effective right after an employee submits an application for membership and is confirmed by the Union chairman. The chairman cannot reject a membership application unless the membership violates Labor Union bylaws.
Disqualification from membership is for the following reasons:
1. Member retires, quits, or is fired
2. Member violates the collective agreement
3. Expulsion of the member
4. Death of the member.
② If a member wants to withdraw from the Union, he/she must present a written statement to the Union Membership Committee, stating the reason(s) why he/she wishes to have his/her membership revoked.
Article 7. [Branch Offices] These can be established if necessary.

Chapter 3. Rights and Duties
Article 8. [Union Member Rights] Members have the following rights:
1. The right to participate in all Union matters
2. The right to use the facilities and places under Union control
3. The right to request information regarding the Union's decisions and details
4. The right to participate in all Union elections (however, Union members who have not paid Union dues for more than two months will have their rights limited).
Article 9. [Union Member Duties] Union members shall carry out the following duties thoroughly:
1. Implement decisions and directions from the Labor Union organization;
2. Observe bylaws and other Union regulations;
3. Pay Union fees agreed upon in the bylaws and general meetings;
4. Observe resolutions decided on at official Union meetings.

Chapter 4. Organization and Meetings
Article 10. [Meetings] The Labor Union can have the following meetings:
1. General meetings
2. Operational meetings.
Section 1. General Meetings
Article 11. [General Meetings] The general meeting will be the highest decision-making apparatus, which requires that all union members attend.
Article 12. [Convening a General meeting]
① General meetings consist of regular and temporary general meetings.
② The Chairman will convene a general meeting every February.
③ General meetings shall be announced 7 days in advance.
④ General meetings shall be announced with date, time, place and matters for discussion or determination.
⑤ Any change in the items for discussion at an upcoming general meeting shall be reported at least 7 days in advance.
Article 13. [Temporary meetings] The Chairman will hold a temporary general meeting in the following cases:
1. When at least one-third of all Union members wish to convene a meeting to discuss a certain issue; and
2. When the Chairman needs to hold a meeting.

Article 14. [Items of Business for General Meetings]
1. Adoption and modification of bylaws
2. Election or discharge of union officials
3. Collective bargaining
4. Establishment of branch offices
5. Budgets or closing
6. Establishment, operation, and disposition of funds
7. Establishment, admission, and withdrawal of an associated organization
8. Merger, division, or dissolution
9. Structural changes
10. Other important matters.

Section 2. Steering Committee
Article 20. [Composition and Meetings] The Steering Committee shall be composed of the Chairman, Vice-Chairman, Secretary, and some Union members elected in the general meeting. Meetings are held when the Chairman or one-third of the Steering Committee members request it.
Article 21. [Functions] The Steering Committee will discuss the following issues:
1. Matters decided upon at general meetings
2. Matters that may require holding a temporary general meeting
3. Policies and plans needed for Union operations
4. Approval or adjustment of budget reserve or budget plans
5. Other important matters.

Section 3. Conferences
Article 25. [Meetings and Determination] The general meeting shall adopt resolutions by affirmative vote of a majority of the members present at a general meeting where a majority of all members are present.
Article 26. [Meeting Arrangements] The Chairman will preside at meetings. If the Chairman cannot be present, the Vice-Chairman will preside. If there are several Vice-Chairmen, the eldest will preside.
Article 27. [Special Resolutions]
Resolutions for the following matters shall be passed by affirmative vote of at least two-thirds of the members present at a general meeting where a majority of all members are present. However, changing bylaws and discharging Union officials shall be done by direct and secret vote.
1. Introduction and modification of bylaws
2. Discharge of Union officials and
3. Merger, division, dissolution and structural changes to the Labor Union.

Chapter 5. Union Officials
Article 28. [Union Officials] The Labor Union shall have the following Union officials:
1. One Union Chairman
2. One Vice-Chairman
3. One Secretary and
4. Some Auditors
Article 29. [Description of Duties and Authority of Union Officials]
1. Chairman
1) Represents the Labor Union and is in charge of all Union affairs
2) Signs all Union-related documents
3) Is responsible for publishing all periodicals and printed materials
4) Chairs all meetings
5) Appoints department heads and other staff members and
6) Has authority to conclude collective agreements.
2. Vice-Chairman
Supports the Chairman and takes on the position of Chairman when the Chairman is absent.
3. Secretary
1) Is in charge of all Union affairs under the Chairman's direction
2) Implements budgets after receiving confirmation from the Chairman
3) Manages cash and property
4) Is audited when necessary.
4. Auditing
The Chairman oversees auditing according to Union bylaws and shall report the results at general meetings.
Article 30. [Selection of Union Officials]
(1) Union officials shall be nominated by direct and secret vote and elected by affirmative vote at a general meeting where a majority of all members are present.
(2) If there is no majority for one candidate during the voting, the two candidates with the most votes will have a run-off, and the candidate who has more votes will be elected.
Article 31. [Tenure of Union Officials] The tenure of Union officials shall be determined by Union bylaws, and shall not exceed three years.

Chapter 6. Industrial disputes
Article 36. [Applications for Mediation] The Labor Union shall submit a request for mediation to the Labor Relations Commission.
Article 37. [Resolution of Industrial Actions] No industrial action by the Labor Union shall be conducted unless a majority of Union members have voted to take industrial action by direct, secret, and unsigned ballot.
Article 38. [Composition of Industrial Action Preparation Committee] When labor disputes occur, the Chairman shall immediately organize an Industrial Action Preparation Committee.

Chapter 7. Collective Bargaining
Article 39. [Authority for Collective Bargaining] The Labor Union is the party for collective bargaining and the Chairman shall have authority over collective bargaining.
Article 41. [Composition of Collective Bargaining Team]
① The Chairman will appoint a Collective Bargaining Team and shall receive confirmation of those selected at a general meeting.
② The Collective Bargaining Team shall consist of three or more Union members, including the Chairman.

Chapter 8. Finances
Article 46. [Union Membership Dues] Union dues shall be 1% of each member's basic monthly salary.
Article 47. [Fiscal Year] The Union's fiscal year shall start January 1st and finish December 31st.
Article 49. [Financial Accountability to Membership] The Union's financial records shall be accessible to the Union when it is requested.
Article 50. [Accounting Rules] Separate rules for accounting may be established.
Article 51. [Auditing of Accounting Records] The Chairman shall have an Auditor conduct, at least once every six months, an audit of all financial resources of the Labor Union, purpose for each financial resource, names of major contributors and the Union's current financial and accounting status, and shall disclose the results of the audit to all Union members.

Chapter 9. Rewards and Disciplinary Action
Article 52. [Rewards] The Labor Union can reward those who have contributed to the Union.
Article 53. [Disciplinary Action]
① The Labor Union shall discipline Union members who do the following:
1) Violate Union bylaws or other Union rules;
2) Violate justifiable decisions by the Labor Union;
3) Defame the Labor Union or act against it;
4) Obstruct the normal operations of the Labor Union;
5) Delay payment of Union dues for more than two months;
6) Damage Union property; or
7) Damage Union notices.
② Union members subject to discipline shall be given an opportunity to express their views related to the disciplinary action.

Chapter 10. Dissolution
Article 57. [Reasons for Dissolution]
1.The Labor Union is dissolved by consolidation or division.
2. The Labor Union determines its own dissolution by affirmative vote of at least two-thirds of the members present at a general meeting where a majority of all members are present.