MOEL Interpretation

Labor Union Act

General Provisions


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72.A member of an industrial union branch was dismissed by the employer and after 3 years won a final court judgment for unfair dismissal and was reinstated. During the dismissal period, the industrial union branch lawfully changed its organizational form to a company-based union. * In this case, does the reinstated worker regain union membership? If so, does the reinstated worker retain the status of the previous industrial union branch member, or is the worker’s union membership status changed to that of the company-based union member without separate consent or receiving a new membership application?
71.Facts ▶ The employee stock ownership association of Company A established a corporation called 甲 Holdings and acquired Company A, and 甲 Holdings is the substantial largest shareholder of Company A and a holding company that decides major management tasks. ▶ The chairman of the labor union of Company A concurrently serves as the head of the employee stock ownership association and was appointed as an inside director (registered executive) of 甲 Holdings. Among the 30 registered directors of 甲 Holdings, some are labor union members of Company A. Whether the chairman of the labor union of Company A, who is also the CEO and inside director (registered executive) of 甲 Holdings, and union members who are inside directors of 甲 Holdings, can maintain their membership in the labor union of Company A while handling agenda items requested by the board and committees (personnel, management, shareholder value) of Company A.
70.Whether limited liability partners of a company have eligibility as labor union members
69.Under Article 15 of the Framework Act on Cooperatives, whether investment cooperative members (transport worker members) of a (taxi) transport cooperative established by members’ investment, who provide labor such as taxi driving under the direction and supervision of cooperative executives or employers, receiving dispatch requests and instructions on vehicle operation, can be regarded as workers under the Labor Union Act and establish a labor union.
68.An agricultural member investor of a regional agricultural cooperative works as an employee of the cooperative and is active as a labor union member. Since the agricultural member investor of the regional cooperative can be regarded as having a status similar to a shareholder of a general company, whether they can join the labor union. Whether the normative effect of a collective agreement extends to the former executive director, who is both the statutory manager under the Commercial Act and the employer-side negotiation representative.
67.When former union members are promoted to positions considered employers under the Labor Union Act, such as Grade 1 (Director) and Grade 2 (Manager), and later demoted or transferred for training without submitting a union withdrawal letter, whether their membership status is automatically restored according to the union bylaws, allowing them to participate as union members.
66.The union bylaws exclude “company executives at the department head level or higher and persons acting on behalf of the employer” from membership eligibility, and the collective agreement provides that “employees below the manager level are automatically enrolled in the union excluding those classified as employers under Article 5 of the Labor Union Act. Also, the union agrees not to expand the membership scope to deputy general manager level or higher.” Following a comprehensive organizational restructuring, the company changed from a system where only department heads (managers, deputy general managers) oversee departments to a system where lower-ranking employees may act as department heads, resulting in managers and deputy general managers no longer having department-wide command authority and performing general employee duties. * Whether only those who actually exercise authority to oversee and command the department, regardless of rank, are excluded from union membership, and whether managers and deputy general managers performing general employee duties as regular members qualify as union members.
65.Inquiry Details * According to the bylaws of the △△Non-regular Professors’ Labor Union\* 00 University branch (a branch approved by the main union; the branch is not registered separately), branch members include persons who have taught lectures, allowing such persons to become union members. Whether this membership qualification violates the Labor Union Act. Specifically, under Article 2 of the Labor Union Act, non-workers are not permitted to join. Whether only currently employed lecturers can join the branch, or if lecturers not appointed can also become members under the branch bylaws. - The △△Non-regular Professors’ Labor Union is a nationwide industrial union organizing university lecturers. * Whether the main union’s membership qualifications are limited to workers under the Labor Standards Act, or if unemployed persons, dismissed persons, and prospective researchers may also join. * Under the Higher Education Act, university lecturers are faculty members (not public officials), and under Article 2 of the Teachers’ Labor Union Act, university faculty members may not establish labor unions. Whether the △△Non-regular Professors’ Labor Union is a legal union under labor law or an illegal union.
64.Whether instructors teaching violin to kindergarten and elementary school students qualify as workers under the Labor Union Act. 1. The instructors are appointed as teaching instructors through a one-year employment contract with the company. The workplace and hours are determined by agreement between the company and the requesting kindergarten. The kindergarten recruits the students, and if the instructor cancels classes within the contract period without valid reasons, they must compensate the company for damages. 2. The instructors conduct home visits to teach at locations and times designated by the company, report weekly progress to the company by visiting the office once a week, and the company is notified by the kindergartens about instructors’ punctuality and teaching methods. 3. The company provides violins and other materials to the students. At the beginning of the year, the company prepares and distributes an annual teaching schedule and contents, which instructors follow accordingly. 4. Payment is made monthly based on the number of students and teaching hours, with a fixed rate of 40,000 KRW for one session (4 weeks per month, 30 minutes per session, 9 students). Additional incentives are paid monthly if the number of students exceeds a certain level, and transportation expenses are paid for lectures outside the city. 5. The company has judged that instructors are not subject to the four major social insurances and thus they are not enrolled.
63.Whether seafarers (such as captains, chief engineers, divers) receiving share payments based on catch qualify as workers under the Labor Union Act. 1. Instead of a fixed basic salary, they receive share payments (calculated by deducting expenses and sales commissions from total catch revenue, then distributed by a fixed ratio among the shipowner, divers, chief engineer, and captain). 2. The shipowner determines the share distribution ratio, recruitment and selection of seafarers, working hours and days, and fishing locations. The shipowner may dismiss seafarers if they do not work or if their catch is significantly lower than other vessels.
62.Facts ▶ Under Article 7(2) of the Enforcement Decree of the Labor Union Act effective January 29, 1981, workers employed on foreign vessels were allowed to establish labor unions. However, Article 7(2) was deleted in the Enforcement Decree effective April 15, 1988, removing the legal basis for such unions. The Transitional Measures of the Labor Union Act effective November 28, 1987, provided that unions established before the Act’s enforcement are deemed lawful unions, but required amendment of their bylaws to comply with the Act by June 30, 1988, with reporting to authorities. ▶ When the Labor Union Act was repealed and the Labor Union and Labor Relations Adjustment Act was enacted on March 13, 1997, its Transitional Measures protected unions registered under previous laws as lawful unions. Regarding unions established under Article 7(2) of the 1981 Enforcement Decree by June 30, 1988, these unions had to amend their bylaws to comply with the 1987 Labor Union Act and report to authorities to be recognized legally. * Whether unions established under the 1981 Enforcement Decree that failed to amend bylaws or report to authorities after June 30, 1988, remain lawful unions. * Whether unions of workers employed on foreign vessels can be established under the 1987 Labor Union Act or the 1988 Enforcement Decree.
61.When a collective agreement specifies that only up to “No. 2” are eligible for union membership and includes an exception clause allowing workers promoted from “No. 2” to “No. 3” to either withdraw or remain in the union at their discretion, how should the scope of union membership be interpreted?
60.Among faculty and staff at University A, team leaders, planning, personnel, audit, accounting staff, and secretaries, drivers, and security personnel are considered by the school as employers or employer representatives under the Labor Union Act and thus ineligible for union membership. Inquiry is made regarding this view. Classification Duties Team Leader First-level performance evaluator of subordinate staff, issuing work instructions, supervision, attendance management Planning Organizational management, mid- and long-term development planning, regulation drafting and revision, budget preparation, faculty salary determination Personnel Staff management, hiring, promotion, transfer, performance evaluation, service, disciplinary actions, training, research performance Audit Job diagnosis, internal audit, budget execution analysis and reporting Accounting Accounting, settlement, bookkeeping, income/expenditure, payroll, tax payments IT University administration computerization, network and website management, telephone and communications operation, on-campus server management Secretary/Driver Secretary and driver for chairman and president Security Gatekeeping, visitor monitoring, patrol
59.The organizational structure of △△Facility Management Corporation consists of a chairman and employees, with four teams as subunits. Each team has a team leader responsible for tasks and about 20 staff members. Most team members are technical workers including 1–2 clerical staff, one of whom serves as a supervisor (주임) handling main duties. The supervisor’s main tasks include preparing business plans, assigning work to team members, promoting team tasks, and acting on behalf of the team leader during their absence. Whether the supervisor falls within the category of employers whose union membership is restricted.
58.Whether the apartment management office manager qualifies as an employer under the Labor Union Act.
57.The A Labor Union was established on November 28, 2007, and currently sets union membership eligibility in its bylaws as “all technical staff (maritime, facility operation) and general staff at grade 3 or below.” Currently, an employee holding the position of “captain responsible for ship operation” is a union member. The captain supervises and commands crew members, with specific duties defined in employment rules, personnel regulations, ship operation regulations, and the Seafarers Act. 1. Whether the captain working at A qualifies as an “employer or a person who always acts on behalf of the employer” under the Labor Union Act. 2. Whether the A Labor Union’s bylaws allowing captain membership comply with the legal requirements for labor union establishment under the Labor Union Act.
56.Whether private security guards subject to the Private Security Guards Act (Cheongwon Police) can join a labor union.
55.When a labor union branch chief is dismissed and reinstated about a year later by the Central Labor Relations Commission’s decision accepting an unfair dismissal remedy request (while the unfair labor practice remedy request was dismissed), whether the branch chief’s status prior to dismissal is automatically restored despite the gap period.
54.△△ Bank consists of regular workers from grade 1 to grade 6 and non-regular workers, with two separate unions organized by regular and non-regular workers respectively. Whether, when non-regular workers are converted to regular workers, the existing non-regular union membership status is maintained, and whether it is lawful for the non-regular union to amend its bylaws to include those converted from non-regular to regular workers as part of its organization target.
53.Company A, which had a subcontracting contract for cleaning services with △△ County, did not renew the contract upon expiration. Company B entered into a subcontracting contract with △△ County and took over the cleaning services. Union members formerly employed by Company A were all successively employed by Company B, then laid off. They all withdrew from the former ‘△△ Regional□□ Labor Union’ and joined the ‘National ○○ Labor Union,’ filing unfair dismissal and unfair labor practice remedy claims against Company B. The local labor commission recognized unfair dismissal and unfair labor practices, but Company B appealed to the Central Labor Relations Commission, and the case is pending reconsideration. 1. Whether the laid-off union members’ withdrawal from ‘△△ Regional□□ Labor Union’ and joining the ‘National ○○ Labor Union’ (with branch establishment) during the layoff period is valid. 2. Whether establishing a new labor union targeting existing employees of Company B constitutes multiple unions.
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