MOEL Interpretation

Labor Union Act

Public Officials’ Trade Union Act


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181 Records
181.Is it lawful for the ○○ Branch of the ○○ Public Officials’ Labor Union (Preparatory) to use the term “labor union” during the preparation process for union formation?
180.If a national labor union targeting metropolitan cities and autonomous districts/counties has been established, can its subordinate organizations, such as a metropolitan city branch or district/county branch, file for union establishment separately to secure independent bargaining rights?
179.Can employees of A Promotion Agency join a labor union established under the Public Officials’ Union Act?
178.What is the reason for the enactment of the 「Act on the Establishment and Operation of Public Officials’ Trade Unions」?
177.A bus driver was hired as a part-time term-based public official (Type 3 under Article 3-2 of the Presidential Decree on the Appointment of Public Officials) following the implementation of the semi-public bus operation system. Under Article 58(2) of the 「Local Public Officials Act」, the scope of “public officials engaged in substantial labor” is to be defined by local ordinance. In the absence of such an ordinance, can the public bus driver (term-based public official) establish a union under the Public Officials’ Union Act, or can they establish a union under the Trade Union Act (with the right to collective action)? : Since there is no ordinance on “public officials engaged in substantial labor,” they should be treated under the Public Officials’ Union Act (rights of association and bargaining). : As they are “public officials engaged in substantial labor,” they should be treated under the 「Trade Union and Labor Relations Adjustment Act」 as general union members (rights of association, bargaining, and action), not under the Public Officials’ Union Act.
176.Is it unlawful for Labor Union A to join Confederation B, a higher-level organization that allows political activities?
175.Does A Institute, an organization affiliated with a metropolitan government, qualify as the minimum unit for establishing a public officials’ labor union and therefore file an independent union establishment report?
174.① What is the minimum unit for establishing a labor union for firefighters? ② Who is the government bargaining representative for a labor union established by firefighters?
173.Please provide the Ministry of Employment and Labor’s interpretation regarding ① the minimum unit for establishing a labor union for educational public officials, and ② the Ministry’s position on the reasonable establishment unit regulations under the Public Officials’ Union Act, which includes specific public officials.
172.Does the ○○○ Hull Investigation Committee fall under the “executive branch” as specified in Article 5(1) of the 「Act on the Establishment and Operation of Public Officials’ Trade Unions」, which is one of the minimum units for establishing a public officials’ labor union?
171.If the decision-making body of Labor Union B, which is affiliated with Federation A, approves the resolution of Branch C (a subordinate branch) to change its organizational form, and if the organizational form change is carried out without defects through legal procedures, will Branch C lose its legal status as a subordinate branch? Additionally, can Federation A convene or postpone the delegates’ meeting, and who holds the authority to interpret the union rules? (Relation between labor unions) Federation A includes Labor Union B, and Labor Union B has Branch C. This inquiry assumes a situation where Branch C establishes Labor Union C after a resolution to change its organizational form.
170.Article 6(2) of the 「Act on the Establishment and Operation of Public Officials’ Trade Unions」 (Public Officials’ Union Act) and Article 3(1) of the Enforcement Decree of the same Act specify the categories of public officials who are prohibited from joining labor unions. In this regard, based on the document registration records from the electronic approval system over the past 6 months for the person elected as the next branch head (Level-6 Team Leader) of our city’s public officials’ labor union, we summarized the work performance as shown in the table below. We request a review and response on whether this individual falls under the category of public officials restricted from joining the labor union. * Work performance of the elected branch head (term: 2020.3.2.\~2022.2.28.) as a current Level-6 Team Leader (number of cases) \| Total documents produced by the team | Documents drafted directly by the team leader | Documents approved independently | Documents handled by proxy | Documents reviewed (intermediate approval) | Remarks | \| 864 | 6 | 51 | 47 | 760 | \| 100% | 0.7% | 5.9% | 5.4% | 87.9% | ※ Data extraction period: 2019.7.1.\~12.31 (6 months), based on the electronic approval system document registration records * Documents directly drafted (6 cases): business trip reports (2), situation duty logs (2), overtime approval for fixed-term workers (1), others (1) * Documents independently approved (51 cases): vehicle operation logs, part-time student work logs, fixed-term public workers’ job logs ☞ The status of Level-6 team leaders across the city’s departments is largely similar to this case.
169.Does it violate relevant laws and regulations, such as Article 7 and Article 33(2) of the Constitution, Article 48 (Duty of Sincerity) and Article 56 (Prohibition of Profit-making and Concurrent Positions) of the Local Public Officials Act, Article 11 (Permission for Concurrent Positions) of the Local Public Officials Service Regulations, and Article 5 (Organization and Membership of Labor Unions) of the Trade Union Act, if a member of a public officials’ labor union who is a Level-6 local public official without a position serves as branch head of A Confederation, a higher-level organization?
168.Considering the actual workload, responsibilities, and work processes of Level-6 and Level-7 local postmasters, can they be regarded as eligible members for joining a public officials’ labor union?
167.Does the head of a 119 Safety Center qualify as a work supervisor, thereby being restricted from joining a public officials’ labor union?
166.For individuals appointed as Level-6 team leaders in a district office, is union membership restricted only for the chief team leader of the department, or does it also apply to general team leaders within the department who are not chief team leaders?
165.Is a Level-6 public official serving as the head of an affiliated agency (e.g., ○○ Exhibition Hall) established and operated under the ordinance on the establishment of administrative organizations of a basic local government restricted from joining a public officials’ labor union?
164.Is a public official in the general affairs department of a subsidiary agency (e.g., business office) under ○○ Metropolitan City, who is primarily responsible for employee training duties, considered a public official representing the administrative agency in relation to labor unions and thus restricted from joining a public officials’ labor union?
163.If a Level-6 public official of a basic local government is serving as “Resident Life Support Officer” in a township office, does this position fall under “public officials who supervise the work of other public officials” as stipulated in Article 6(2)(1) of the Public Officials’ Union Act and Article 3(1)(b) of its Enforcement Decree, thereby restricting union membership? Facts related to the official’s work assignments: ① Under ○○ City’s township office approval regulations, the officer is granted approval authority. ② According to the office’s work allocation table, the officer oversees overall tasks including management of national/public property, cadastral management, and resident life support. ③ Among these tasks, management of national/public property and cadastral management accounts for about 5% of total duties, while the officer supervises three subordinate employees (two Level-8 and one Level-9) performing tasks such as taxation, social welfare, culture and tourism, environment, and public health administration. ④ The officer is in the approval chain for subordinates’ work and has intermediate approval authority for matters such as business trips and leave.
162.A public official currently working as a Level-6 equivalent “Curator” in the ○○ Division of a basic local government is participating as a union bargaining representative in collective bargaining. Does this official fall under the “officials who oversee the work of other public officials” category specified in Article 6(2)(1) of the Public Officials’ Union Act and Article 3(1)(b) of its Enforcement Decree? Facts related to the official’s work assignments: ① According to the enforcement rules of the ○○ County Ordinance on the Establishment of Administrative Organizations, “a ‘section head’ is responsible for overseeing the tasks of the unit organization and handling their own assigned duties.” ② The ○○ Division consists of four sections: cultural arts, sports promotion, festival events, and facility management. ③ The “Cultural Arts Section” of the ○○ Division is headed by a Level-6 official, and the public official (Level-6 equivalent, Curator) is assigned to this section, performing their own duties such as operating museums and folk museums, and handling facility enhancement projects. ④ Besides this official, a Level-10 technical staff member is in charge of facility management and ticketing for the museums and folk museums.
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