MOEL Interpretation

Labor Union Act

industrial action


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635 Records
635.At a regular labor-management council meeting, due to disagreements over issues such as “manpower reinforcement, outsourcing, ERP (Enterprise Resource Planning system),” workers collectively refuse holiday work, which they had previously agreed to, following union directives. Does such collective refusal constitute a legitimate labor dispute?
634.A △△ labor union, established to organize workers at a regional appraisal company, unilaterally demanded bargaining through unified or collective bargaining methods. The employer of individual workplaces, such as the head of the ○○ branch of the △△ Appraisal Association, refused to bargain using these methods. If the union applies for mediation with the Labor Relations Commission and proceeds to industrial action without substantive bargaining, is this action justified?
633.With regard to Article 2(5) (definition) of the Trade Union and Labor Relations Adjustment Act, what are the specific contents of matters related to the “determination of working conditions” and the scope of legitimate labor disputes?
632.Is a labor action legitimate if the union undertakes it to enforce a claim to explicitly stipulate in a collective agreement the rights to paid holidays that have already been secured?
631.In the △△ Regional Labor Union, both A Company and B Company employees are members. If employees (union members) of A Company participate in the strike of the B Company union (a branch or division of the same regional union) to support their strike, is such participation legitimate?
630.If a labor union undertakes a general strike in the capital without submitting any bargaining proposals to the employer and without fulfilling procedural requirements such as member voting under Article 41 and mandatory mediation under Article 45 of the Trade Union and Labor Relations Adjustment Act, solely to urge the government to “detain the CEO” or “strictly investigate unfair labor practice cases,” is such action legitimate?
629.Can union demands such as requiring union consent upon company sale or the conclusion of an employment stability agreement be the subject of a labor dispute under the Trade Union and Labor Relations Adjustment Act? If demands include payment of 60 months’ consolation pay upon power plant sale and a 12% wage increase (a 25.1% real wage increase), and the company is under budget control as a government-affiliated agency, making acceptance difficult due to government-imposed wage increase limits for public enterprises, can such demands still constitute a subject of labor dispute despite the company’s difficulty in accepting them?
628.Are demands such as contributions to welfare funds, participation in the personnel committee, prior consultation with the union on company relocation or consolidation, and employee shareholding included as subjects of labor disputes?
627.The labor and management of ○○ Industrial Complex have failed to conclude a wage agreement as of December 26 despite six months of prolonged collective bargaining and labor dispute mediation. Accordingly, the employer plans to unilaterally amend the pay regulations and pay retroactive wage increases. Is it legitimate for the employer to pay the unilaterally increased wages without union consent? Even if the increased wages are paid, can the union lawfully undertake strike actions after following the proper procedures?
626.(Inquiry 1) When special security guards wear uniforms with protest slogan ribbons, badges, and vests, and attach protest posters during work hours, causing discomfort and complaints from entrants (passengers, airport workers), does this constitute a strike? ※ Company regulations prohibit wearing attachments or vests other than uniforms reported to the local police agency as a dress code violation. (Inquiry 2) When customer service attendants within the station of ○○ Tourism Development Corporation conduct a protest wearing civilian clothes after following the procedures prescribed by the Trade Union and Labor Relations Adjustment Act, does this civilian clothes protest constitute a strike?
625.The labor union has instructed all members to wear ribbons as part of a stepwise protest plan against workforce reductions. If employees such as train attendants or ticket clerks, who directly serve the public, wear ribbons with slogans like “Resolute Opposition to Workforce Reduction” during work hours at times when there is no strike, does this constitute a strike that obstructs normal business operations?
624.A labor union dissatisfied with the method of filling vacancies held an assembly during lunch break. Does this assembly qualify as a lawful strike under the Labor Union Act?
623.The company usually conducts weekday overtime work by agreement with employees, with about 100 employees typically working overtime. If most union members refuse such overtime work according to a union resolution and participate in a strike vote after the regular work hours, can this refusal of overtime be regarded as a strike?
622.Facts: ▶ The company and the labor union were engaged in collective bargaining regarding the 2010 wage and collective agreement as of July 29, 2010. ▶ The union’s demands included about 70 items, primarily wage and various allowance increases, improvements to personnel systems and welfare benefits, and maintaining the current wage payments for full-time union officials. When a labor union engages in a strike for comprehensive purposes including working conditions such as wages and welfare benefits as well as demands related to wage payments for full-time union officials, does this violate Article 24(5) of the Trade Union and Labor Relations Adjustment Act and constitute an illegal strike?
621.A labor union is conducting a strike ostensibly due to failure in collective bargaining negotiations, but in reality, the strike opposes business division and demands reinstatement, resisting so-called restructuring. Is such a strike legitimate?
620.Is the issue of outsourcing (contracting out) an in-house shipping office for labor cost reduction subject to collective bargaining and a legitimate purpose for strike action?
619.△△ Corporation and the Non-regular Workers’ Union concluded a collective agreement on April 27, 2005, stipulating one-year labor contracts for non-regular workers, and set the period from October 1 to December 31, 2005, as the negotiation period for renewing the collective agreement. * The Non-regular Workers’ Union, knowing that △△ Corporation planned organizational restructuring, demanded a special agreement during the negotiation period on matters such as “establishment and agreement of a third-party committee, conversion of non-regular workers to regular workers before restructuring, agreement on employment succession and union succession before restructuring, and prohibition of unilateral dismissal of non-regular workers.” The corporation refused. The union then proceeded to strike after mediation procedures. Is the strike legitimate in its purpose?
618.When workers employed by a construction company have not received one month’s delayed wages and, upon receiving notice of dismissal, refuse to provide labor, block the delivery of materials, and prevent other workers from entering the site thereby disrupting normal business operations, does such collective action qualify as a lawful act under labor relations law?
617.During wage negotiations, without declaring a breakdown and after going through mediation, a labor union initiates a strike. The union does not mention wage-related issues but insists on striking until dismissed workers are reinstated, demanding withdrawal of layoffs based on managerial reasons and continuing the strike solely for reinstatement of dismissed workers. Is this strike action legitimate?
616.When the approval of the local government chief is a condition for the validity of a collective agreement, if after labor-management agreement or acceptance of a mediation proposal during labor dispute adjustment the local government chief disapproves, is it permissible to engage in strike action based on such disapproval?
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