MOEL Interpretation

Labor Union Act

Trade Union


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411 Records
411.The “National △△ Labor Union” held a founding general meeting, established bylaws, elected a chairperson, and filed a labor union establishment report with the competent administrative agency but did not receive the establishment certificate. Despite this, the organization continues to use the name “National △△ Labor Union (tentative name)” on its website and in mailings. Is this use a violation of the relevant laws?
410.When registering a company-level labor union, is it permissible to use a name unrelated to the company’s name, or can a subcontractor’s labor union include the name of the primary contractor company in its union name?
409.Is it appropriate for a labor union’s registered office address to be the same as that of an existing ○○ Labor Union and for the union’s name to be similar?
408.The former Labor Union Act Article 10 (Tax Exemption) stated, "taxes shall not be imposed on labor unions except on their business establishments." The current law Article 8 (Tax Exemption) was amended to say, "taxes shall not be imposed on labor unions except as provided by tax laws." Labor unions have not received tax notices for national or local taxes and therefore did not pay, but this year have received local tax payment notices from local governments. What is the purpose of this amendment, and are labor unions required to pay local taxes?
407.In a religious organization’s labor union, the articles of association include as one of the establishment purposes “matters related to sect reform and development” and “solidarity and harmony for the realization of the Sangha community.” Does this correspond to a case where political activities are the main purpose?
406.Whether a labor union within a workplace can bid for outsourced work commissioned by the employer
405.If the majority of union members, with the employer''s approval (as outing or leave) according to a collective agreement, collectively attend a meeting during working hours opposing a corporate merger, can such activities be considered protected labor union activities even if there is concern about neglecting their primary work duties?
404.According to Article 16 of the collective agreement (Posting and Distribution of Printed Materials for Promotion), the freedom to post or distribute notices and promotional materials to union members is recognized. However, indiscriminate posting on hospital public bulletin boards—not designated as union-only boards, such as those in the cafeteria—causes psychological distress to patients and reduces the available space for department-specific medical notices, thereby severely infringing on the employer’s facility management rights. Despite three requests for voluntary removal of such union materials, additional indiscriminate postings continue. Under these circumstances, can the employer arbitrarily remove union materials posted on hospital public bulletin boards that are not union-designated (e.g., cafeteria bulletin boards)?
403.Facts ▶ On July 18, 2011, Union A was established without an affiliated higher-level union, resulting in a multiple-union situation. ▶ Union A sent a written request to the employer including the following: * Request for employer cooperation regarding posting union notices and attaching/distributing printed materials at locations designated by the company according to the existing union’s collective agreement. * Request to deduct union dues from members’ August 2011 salaries and deposit into the union’s bank account. * Request for the prompt provision of a union office, necessary furniture and equipment, communication facilities, and other amenities for union activities. The employer refuses to allow posting notices, claiming only the union with bargaining rights is entitled to do so. The union asks whether unilateral posting is allowed and if the above requests are justified.
402.Company A has had a practice of allowing full-time union officials to visit production sites for 18 years after the establishment of the union, but after a workplace shutdown, the company has blocked the full-time union official (office manager) from visiting the sites (due to M\&A, with changes in the holding company and representatives). The role of the office manager among the full-time union officials includes document preparation and handling, financial management, and overall coordination of departmental tasks. The labor side argues that since the current labor safety manager is part-time and restricted from site access due to disciplinary actions, the union office manager’s site visits are urgently needed for safety patrols and confirming labor conditions of union members.
401.Our labor union is an industrial union composed of taxi drivers nationwide and has established regional headquarters and branches according to its bylaws and subordinate organization operation regulations to handle union affairs. Regarding visits by branch chairpersons within our regional headquarters to other branches, disagreements have arisen between labor and management at some workplaces. Whether representatives of subordinate organizations such as regional headquarters and branches, established according to the union’s bylaws and subordinate organization operation regulations, can visit branch offices at other workplaces and perform union duties
400.The collective agreement stipulates that non-full-time union members’ union activities should, in principle, be conducted outside working hours, and only with notification to the company in cases of “unavoidable reasons” may union activities occur during working hours. The union, to support struggles at other workplaces unrelated to the company, requested participation of 10 out of 53 production workers (about 20%) based on the collective agreement. The company permitted participation of 2 members only, to avoid disruption of normal operations. However, the union branch chairperson ignored the company’s consideration of normal operations and social conventions regarding business trips (small number) and insisted on participation of all 10 members in the struggle based on the collective agreement, regardless of company approval. Is this conduct independent of company approval?
399.A worker belonging to Company A who was a member of the ○○ Regional Environmental Union withdrew and submitted a labor union establishment notification to change to a company-based union. The establishment notification was accepted, but afterward, seven Company A union members submitted an objection stating that the founding general meeting was not held at the time of union establishment and that some signatories on the founding meeting attendance list did not sign the establishment notification. 1. Whether the provision of Article 9(1) of the Enforcement Decree of the Labor Union Act (supplement) applies when an objection is filed even after issuance of the establishment notification certificate. 2. Whether the objection is valid if six of the seven objectors signed the attendance list at the time of union establishment notification.
398.A labor union held an election at the general meeting and elected a union chairman, but an objection was filed to the election management committee on grounds of election fraud. The election management committee accepted the objection and delegated the decision to the delegate meeting according to election management rules. * The former chairman, whose term expired for the above reason, refuses to hand over duties to the elected person, and the vice chairman continues as acting chairperson. The elected party filed a complaint with the police for obstruction of business, which is currently pending. * The management team with the vice chairman as acting chair plans to convene a delegate meeting to resolve the invalidity of the election. 1. Whether the acting chairperson’s role is legitimate despite the presence of an elected person due to these circumstances. 2. Whether the administrative office should accept a change of representative notification submitted by the elected party with the related documents, or wait for the delegate meeting’s decision before acceptance. 3. Whether the acceptance of the change notification should be withheld until the police case is concluded.
397.Article 31, Paragraph 3 of the Labor Union and Labor Relations Adjustment Act provides that requests for decisions on orders to rectify collective agreements are to be made by administrative agencies stipulated under the Act. If a basic local government (district office) delegates labor union-related tasks to its subordinate business offices by ordinance, can the business office exercise the authority to request such decisions?
396. 1. When a labor union relocates its main office from “City ○○” to “Buk-gu, Metropolitan City △△,” which administrative agency has jurisdiction to receive the report of change in the union’s registration details? 2. Which authority is responsible for imposing fines if the labor union neglects to report the change in the main office location? 3. Which administrative agency should hear requests for rectification orders regarding violations of collective agreements if the labor union fails to report the change?
395.H Labor Union in our city changed its organizational form from a company-based union to an industrial union branch and filed a dissolution report for the company-based union. A former member of the company-based union requested a rectification order against the industrial union conversion resolution. Currently, the administrative authority overseeing the industrial union branch is our city. Should our city handle the rectification order request?
394.The temporary general meeting held by ○○ Taxi Labor Union on October 26, 2009, aimed to elect a chairman. The ○○ City regarded registered members as those who paid union dues at least once and thus had voting rights, and confirmed from the minutes that out of 25 eligible voters, 20 attended, and 19 voted in favor to elect the chairman. The chairman change report was approved accordingly. However, the former chairman of the ○○ Taxi Labor Union claimed that with only 20 participants out of the total 50 union members, there was not a quorum to hold the meeting, making the by-election invalid, and requested a rectification order. In this case, should registered members for the chairman by-election be regarded as all union members (50 persons) instead of only union members with voting rights (25 persons who paid dues for at least one month)?
393.A labor union held a general meeting and confirmed attendance of 175 out of 200 registered members based on the attendance sheet signed by attending members, then declared quorum. The union explained agenda items on ''collective agreement approval vote'' and ''change of affiliated organization,'' then without separately verifying the actual attending members, distributed two ballots per member and conducted voting simultaneously. The vote counts were 174 for the collective agreement and 172 for the affiliated organization change. How many attending members should be regarded for each agenda item?
392.At a federation delegate meeting, out of 323 registered delegates, 217 attended and quorum was declared. A proposal to amend the bylaws was presented, and ballots were distributed and collected based on the decision of attending delegates for voting. Subsequently, a proposal for approval of delegates dispatched to the labor federation was similarly voted on. The result was 115 votes in favor, 11 against, and 1 invalid vote, and the chair declared it approved. Is it appropriate to treat delegates who did not attend, did not mark ballots, or did not submit ballots as abstentions in this agenda vote?
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