ENFORCEMENT DECREE OF THE TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT

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2018-08-23 18:00
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ENFORCEMENT DECREE OF THE TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT


[Enforcement Date 01. Jan, 2015.] [Presidential Decree No.25836, 09. Dec, 2014., Amendment by Other Act]

고용노동부 ( 노사관계법제과) , 044-202-7610




Article 1 (Purpose)


The purpose of this Decree is to prescribe the matters delegated by the Trade Union and Labor Relations Adjustment Act and matters necessary for the enforcement thereof.  <Amended by Presidential Decree No. 20397, Nov. 30, 2007>






Article 2 (Registration as Juristic Person)


Where, pursuant to Article 6 (2) of the Trade Union and Labor Relations Adjustment Act (hereinafter referred to as the "Act"), a trade union is formed as a juristic person, it shall be registered with the registry office having jurisdiction over the location of the principal office thereof.  <Amended by Presidential Decree No. 20397, Nov. 30, 2007>






Article 3 (Matters for Registration)


Matters for registration as referred to in Article 2 shall be as follows:


1. Name;


2. Place of the principal office;


3. Objective and activities;


4. Name and address of the representative;


5. Grounds for dissolution where applicable.






Article 4 (Application for Registration)(1) The registration as referred to in Article 2 shall be effected by the application from the representative of the relevant trade union.


(2) When the application for registration as referred to in paragraph (1) is intended, there shall be attached to the application form for registration, the bylaws of the trade union and a transcript of the certificate of report (if the certificate of the report of modification as referred to in Article 10 (3) of this Decree has been delivered, a transcript of such certificate) as prescribed in Article 12 of the Act.






Article 5 (Registration of Transfer)(1) Where a trade union which is a juristic person transfers its principal office to a district falling under the jurisdiction of another registry office, the representative of the trade union shall, within three weeks from the date of the transfer, make a registration of transfer in the previous location and registration of the matters falling under the subparagraphs of Article 3 in the new location.


(2) Where the principal office is transferred within the jurisdiction of the same registry office, the registration of transfer shall be made within three weeks from the date of the transfer.






Article 6 (Registration of Changes)


The representative of a trade union shall, if any matter referred to in any subparagraph of Article 3 is changed, register the change within three weeks from the date of the change.






Article 7 (Report of Subsidiary Organizations)


A labor organization that is established at an independent business or workplace which has the right to determine the working conditions may, notwithstanding its name such as chapter or branch, report on the establishment of a trade union pursuant to Article 10 (1) of the Act.






Article 8 (Relations, etc. of Trade Union with Its Affiliated Industrial Union or Federation)(1) Where a unit trade union joins an industrial associated organization or where an industrial associated organization or a national-level industrial trade union joins the confederation of associated organization, the trade union in question shall fulfil in good faith such obligations as imposed by the bylaws of such industrial associated organization or the confederation of associated organization.


(2) The confederation of associated organization or the industrial associated organization may render cooperation, assistance or guidance to the trade unions that have joined it in respect of their activities.


(3) Deleted.  <by Presidential Decree No. 20397, Nov. 30, 2007>






Article 9 (Request, etc. for Supplementation of Report of Establishment)(1) Where a report on the establishment of a trade union pursuant to Article 12 (2) of the Act falls under any of the following cases, the Minister of Employment and Labor, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the head of a Si/Gun/Autonomous Gu (hereinafter referred to as "administrative agencies") shall request that the report be supplemented:  <Amended by Presidential Decree No. 15780, Apr. 27, 1998; Presidential Decree No. 20397, Nov. 30, 2007; Presidential Decree No. 22269, Jul. 12, 2010>


1. Where the report of establishment is not accompanied by the bylwas or where there exists any omission or false facts in the entries of the report or bylaws;


2. Where the procedure for the election of executives or for the enactment of the bylaws violates Article 16 (2) through (4) or 23 (1) of the Act.


(2) Where, after a trade union has been delivered a certificate of report of establishment, there arise such grounds for returning the written report of establishment as falling under Article 12 (3) 1 of the Act, the administrative agencies shall demand correction within the specified period of 30 days, and if the correction is not performed within the period, they shall notify the trade union in question that it shall not be regarded as a trade union provided for under this Act.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>


(3) The administrative agencies shall, where they have delivered a certificate of report of establishment to a trade union or have notified pursuant to paragraph (2), without delay notify the competent Labor Relations Commission and the employer of the business or the workplace in question or the employers’ association thereof.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>






Article 10 (Report, etc. of Modifications)(1) A trade union shall, where it files a report of modifications in accordance with Article 13 (1) of the Act, attach the certificate of report to the written report of modifications.


(2) Where a trade union makes a report on moving the location of its principal office in accordance with Article 13 (1) 2 of the Act, moving the location of the principal office to an area that is under the jurisdiction of another administrative agency, it shall make a report of modifications to the administrative agency that has the jurisdiction over the new location.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>


(3) The administrative agencies shall, when they receive a written report of modifications in accordance with paragraph (1), deliver a certificate of report of modifications within three days.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>


(4) When a trade union notifies the administrative agencies of the number of members thereof as stipulated in Article 13 (2) 3 of the Act, it shall, in cases of a unit trade union comprised of workers of two or more businesses or workplaces, notify in respect of each of the businesses or workplaces.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>






Article 11 (Notification of Order, etc.)(1) The administrative agencies shall, in cases falling under one of the following subparagraphs, notify the representative of a trade union of the fact in writing:  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>


1. Where they, pursuant to Article 18 (3) and (4) of the Act, appoint a person entitled to convoke a meeting;


2. Where they, pursuant to Article 21 (1) and (2) of the Act, issue a corrective order in respect of a bylaw, resolution or action of a trade union;


3. Where they, pursuant to Article 31 (3) of the Act, issue a corrective order in respect of an unlawful collective agreement;


4. Where they, pursuant to Article 36 (1) of the Act, make a decision on the regional binding force.


(2) The administrative agencies shall, in cases falling under paragraph (1) 3 and 4, notify the employer of the business or workplace in question or the employers’ association thereof.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>






Article 11-2 (Maximum Time-Off Limit)


When the Time-Off System Deliberation Committee (hereinafter referred to as the "Committee") pursuant to Article 24-2 (1) of the Act determines the maximum time-off limit pursuant to paragraph (2) of the same Article, the Committee may determine the number of hours and persons who may use such hours in consideration of the number of all union members of a business or place of business and the scope of the relevant affairs, etc. pursuant to Article 24 (4) of the Act.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 11-3 (Commission of Members of Committee)(1) The members of the Committee shall be commissioned by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(2) Among the members of the Committee, members commissioned on the recommendation of the labor community pursuant to Article 24-2 (3) of the Act shall be commissioned from among those recommended by nationwide labor organizations and those commissioned on the recommendation of the business community shall be commissioned from among those recommended by the nationwide employers' organizations.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 11-4 (Qualifications for Members of Committee)(1) The qualifications for those who may be recommended as members of the Committee by the organization pursuant to Article 11-3 (2) shall be as follows:


1. Former or present officers of the relevant organization;


2. Experts on labor issues.


(2) Among the members of the Committee, the qualifications for those who may be recommended as members representing the public interest pursuant to Article 24-2 (3) of the Act shall be as follows:


1. Persons who majored in labor studies and have worked not less than five years with colleges pursuant to subparagraphs 1, 2 and 5 of Article 2 of the Higher Education Act as faculty pursuant to the Article 14 (2) of the same Act or with authorized research institutes as researchers;


2. Persons who were public officials of Grade 3 or equivalent to or higher than Grade 3 and have abundant knowledge and experience in labor issues;


3. Other persons who are recognized to have knowledge and experience falling under subparagraphs 1 and 2.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 11-5 (Term of Office of Members of Committee)(1) The term of office of a member of the Committee shall be two years.


(2) Where the office of a member of the Committee becomes vacant, the term of office of a member who has filled a vacancy shall be the remaining period of the term of office of his predecessor.


(3) Even if the term of office of a member of the Committee has expired, the member shall continue to perform his/her duties until a successor is commissioned.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 11-6 (Operation of Committee)(1) When the Committee receives a request for deliberation from the Minister of Employment and Labor in order to determine the maximum time-off limit, it shall deliberate and decide thereon within 60 days from the date it receives such request for deliberation.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(2) In order to perform the business affairs of the Committee, one executive secretary shall be assigned to the Committee from among public officials not lower than Grade 4 of the competent department of affairs related to the Committee of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(3) A member of the Committee may be paid allowances necessasry for performing his/her duties and travel expenses within budget limits.


(4) The chairperson of the Committee may, if necessary, have public officials performing the affairs related to the Committee, from among public officials of the Ministry of Employment and Labor and the relevant administrative agency, attend and speak at a meeting of the Committee.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(5) Expert committee members may be assigned to the Committee in order to perform specialized investigations and research in the Time-Off System.


(6) In addition to the matters prescribed in this Decree, those necessary for the operation of the Committee shall be prescribed by the Minister of Employment and Labor after hearing opinions of the Committee.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 12 (Demand for Submission of Materials)


The administrative agencies shall, where they intends to receive a report from a trade union on the settlement of accounts or on the operational situation pursuant to Article 27 of the Act, demand the trade union in writing ten days in advance by specifying the grounds and other necessary matters.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>






Article 13 (Resolution, etc. of Dissolution of Labor Relations Commission)(1) "When it is deemed to have no officers and not to have carried out any activity as a trade union for not less than one year" in Article 28 (1) 4 of the Act means such cases as where, for a period of one year or longer, no membership fees have been collected from the members of the trade union or no general meeting or delegates’ meeting has been convoked.


(2) Where any ground for dissolution of a trade union as stipulated in Article 28 (1) 4 of the Act arises, the union shall be regarded as being dissolved at the time when an administrative agency obtains a resolution of the competent Labor Relations Commission.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>


(3) The Labor Relations Commission shall not, in passing a resolution referred to in paragraph (2), take into account the activities of the trade union in question after the date of the occurrence of such grounds for dissolution as stipulated in Article 28 (1) 4 of the Act.


(4) The administrative agencies shall, when the Labor Relations Commission introduces such a resolution as stipulated in Article 28 (1) 4 of the Act or when they receive such report of dissolution as stipulated in paragraph (2) of the same Article, notify without delay the competent Labor Relations Commission (limited to cases where such report of dissolution as stipulated in Article 28 (2) of the Act has been received), the employer of the business or workplace in question or the employers association of the fact.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998>






Article 14 (Notification of Delegation of Negotiating Authority, etc.)(1) A trade union or an employers' association (hereinafter referred to as "party to labor relations") shall, when it delegates authority to negotiate or conclude a collective agreement pursuant to Article 29 (3) of the Act, specify the matters subject to negotiation and the scope of delegated authorities.  <Amended by Presidential Decree No. 22030, Feb. 12, 2010> ≪Enforcement Date: Jul. 1, 2011≫


(2) A party to labor relations shall, when the party notifies other parties of the fact of delegation pursuant to Article 29 (4) of the Act, include the matters listed in the following subparagraphs:  <Amended by Presidential Decree No. 22030, Feb. 12, 2010> ≪Enforcement Date: Jul. 1, 2011≫


1. Name of the person to be delegated (if the person to be delegated is an organization, the name of the organization and the name of the representative thereof);


2. The substance of delegation, such as the matters of negotiation and the scope of competence.






Article 14-2 (Timing and Methods of Making Request for Bargaining by Trade Union)(1) Where a collective agreement exists in the relevant business or place of business, a trade union may request an employer to bargain from three months prior to the expiration date of the term of validity thereof pursuant to Article 29 (1) or 29-2 (1) of the Act: Provided, That where not less than two collective agreements exist, the trade union may request the employer to bargain from three months prior to the expiration date of the term of validity of a collective agreement which comes first.


(2) When a trade union requests an employer to bargain pursuant to paragraph (1), it shall do so in writing stating matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union, the number of union members, etc. as of the date it requests such bargaining.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 14-3 (Public Announcement of Fact of Request for Bargaining by Trade Union)(1) When an employer has received a request for bargaining from a trade union pursuant to Article 14-2, the employer shall make a public announcement of the matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union which has requested such bargaining, on bulletin boards, etc. in the relevant business or place of business for seven days from the date the employer receives such request so that any other trade union and workers may know such fact.  <Amended by Presidential Decree No. 22269, No. Jul. 12, 2010>


(2) Where an employer fails to make a public announcement of a fact of request for bargaining pursuant to paragraph (1) or makes a public announcement different from a fact, a trade union may request the relevant Labor Relations Commission to correct it, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, No. Jul. 12, 2010>


(3) When a Labor Relations Commission receives a request for correction pursuant to paragraph (2), it shall decide thereon within ten days from the date it receives such a request.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 14-4 (Time and Method of Request for Bargaining by Another Trade Union)


Where there is a trade union which has requested an employer to bargain pursuant to Article 14-2, another trade union which intends to bargain with the employer shall request the employer to bargain in written statement in which matters pursuant to Article 14-2 (2) are mentioned, within the period of public announcement pursuant to Article 14-3 (1).


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010] ≪Enforcement Date: Jul. 1, 2011≫






Article 14-5 (Decision on Trade Union Requesting Bargaining)(1) An employer shall decide on a trade union which has requested bargaining and notify thereof pursuant to Articles 14-2 and 14-4 on the day after the period of public announcement pursuant to Article 14-3 (1) has expired, and make a public announcement of the matters prescribed by Ordinance of the Ministry of Employment and Labor, such as the name of a trade union which has requested such bargaining and the number of union members as of the date it has requested such bargaining, for five days.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(2) Where a trade union which has requested bargaining pursuant to Articles 14-2 and 14-4 deems that the details of public announcement of the trade union pursuant to paragraph (1) are different from the details it submitted or have not been publicly announced, it may raise an objection to an employer during the period of public announcement pursuant to paragraph (1).


(3) Where an employer deems the details of an objection raised under paragraph (2) appropriate, the employer shall give notice to the trade union which has raised such objection as failed for five days from the date the period of public announcement pursuant to paragraph (1) expires.


(4) Where an employer has taken measures according to the following classifications for an objection raised pursuant to paragraph (2), the relevant trade union may request a Labor Relations Commission to make a correction within five days from the date specified in the relevant subparagraph, as prescribed by Ordinance of the Ministry of Employment and Labor:  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


1. Where an employer fails to make a public announcement pursuant to paragraph (3): The day after the period of public announcement pursuant to paragraph (1) expires;


2. Where an employer makes a public announcement pursuant to paragraph (3) differently from the details of an objection raised by the relevant trade union: The date the period of public announcement pursuant to paragraph (3) expires.


(5) When a Labor Relations Commission has received a request for correction pursuant to paragraph (4), it shall decide thereon within ten days from the date it receives such request.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 14-6 (Autonomous Decision of Representative Bargaining Trade Union)(1) Where a trade union determined or decided on as a trade union which has requested bargaining pursuant to Article 14-5 intends to decide on a representative bargaining trade union autonomously pursuant to Article 29-2 (2) of the Act, it shall notify an employer of the representative, walking delegates, etc. of the representative bargaining trade union by a deadline which is 14 days after the date of determination or decision pursuant to Article 14-5 by signing or affixing seals jointly.


(2) After a representative bargaining trade union has notified an employer pursuant to paragraph (1), even if some trade unions of the trade unions which have participated in the procedures for decision on the representative bargaining trade union do not participate in the procedures thereafter, the status of the representative bargaining trade union pursuant to Article 29 (2) of the Act shall be maintained.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010] ≪Enforcement Date: Jul. 1, 2011≫






Article 14-7 (Decision on Representative Bargaining Trade Union by Major Trade Union)(1) Where trade unions fail to decide on a representative bargaining trade union pursuant to Article 29-2 (2) of the Act and Article 14-6 of this Decree, a trade union (including cases where not less than two trade unions make the majority of the whole members of the trade unions participating in the procedures for simplification of bargaining windows by method of delegation, coalition, etc.; hereinafter referred to as "major trade union") comprised of the majority of the whole members of all the trade unions which have participated in the procedures for simplification of bargaining windows (hereinafter referred to as "procedures for simplification of bargaining windows") pursuant to Article 29-2 (2) of the Act shall notify an employer of the name of the trade union, the representative and a fact that it is the major trade union , etc. within five days from the date when the time limit pursuant to Article 14-6 (1) expires.


(2) When an employer has been notified of a major trade union pursuant to paragraph (1), the employer shall make a public announcement of such details for five days from the date the employer is notified so that other trade unions and workers may know it.


(3) Any trade union which intends to raise an objection against the majority to a major trade union publicly announced pursuant to paragraph (2) shall file a formal objection with a Labor Relations Commission within the period of public announcement, as prescribed by Ordinance of the Ministry of Employment and Labor. Where no objection is raised, such major trade union shall be determined as a representative bargaining trade union.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(4) When a Labor Relations Commission receives a formal objection pursuant to paragraph (3), it shall notify all trade unions which have participated in the procedures for simplifying bargaining windows and an employer, and investigate and confirm the number of union members by having the said trade unions and the employer submit documents prescribed by Ordinance of the Ministry of Employment and Labor, such as a register of union members (limited to that signed and sealed by union members), or attend.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(5) The base date of cases where the number of union members are confirmed pursuant to paragraph (4) shall be the date when the name of a trade union which has requested bargaining pursuant to Article 14-5 (1) or such are publicly announced.


(6) Where a Labor Relations Commission confirms the number of union members pursuant to paragraph (4), it shall, with regard to union members who have joined not less than two trade unions, calculate the number of union members by a method under the classification referred to in the following subparagraphs for each of such union members:


1. Where union dues are paid to one trade union: The number 1 shall be added to the number of union members of a trade union to which union dues are paid;


2. Where union dues are paid to not less than two trade unions: The number calculated by dividing the number 1 by the number of trade unions to which union dues are paid shall be added respectively to the number of union members of each trade union to which such union dues are paid;


3. Where there is not a trade union to which union dues are paid: The number calculated by dividing the number 1 by the number of trade unions which a union member has joined shall be added respectively to the number of union members of each trade union which the union member has joined.


(7) Where a trade union or an employer fails to comply with a necessary investigation, such as a request for presentation of documents pursuant to paragraph (4), a Labor Relations Commission shall confirm the number of union members by calculating it according to standards prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(8) Where a Labor Relations Commission deems that a major trade union exists as a result of the investigation and confirmation pursuant to paragraphs (4) through (7), it shall determine such major trade union as a representative bargaining trade union within ten days from the date it receives the formal objection and notify all the trade unions which have participated in the procedures for simplification of bargaining windows and an employer thereof: Provided, That where it is difficult to confirm the number of union members within such period, such period may be extended once up to ten days.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 14-8 (Organization and Notification of Autonomous Joint Bargaining Delegation)(1) Where a representative bargaining trade union has not been determined pursuant to Article 29-2 (2) and (3) of the Act, trade unions entitled to participate in the joint bargaining delegation pursuant to paragraph (4) of the same Article shall, in order to bargain with an employer, organize the joint bargaining delegation, such as the representative, walking delegates or such of the joint bargaining delegation, within the period under the classification referred to in the following subparagraphs and notify the employer thereof by signing or affixing seals jointly:


1. Where a notice pursuant to Article 14-7 (1) is not given and a public announcement pursuant to paragraph (2) of the same Article is not made since there is no major trade union: For ten days from the date when the time limit pursuant to Article 14-6 (1) expires;


2. Where a Labor Relations Commission determines that there is no major trade union pursuant to Article 14-7 (8): For five days from the date when a Labor Relations Commission notifies the decision pursuant to Article 14-7 (8).


(2) After the joint bargaining delegation notifies an employer pursuant to paragraph (1), even if some trade unions of the trade unions which have participated in the procedures for decision on such joint bargaining delegation do not participate in the procedures thereafter, the status of the representative bargaining trade union pursuant to Article 29 (2) of the Act shall be maintained.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010] ≪Enforcement Date: Jul. 1, 2011≫






Article 14-9 (Organization of Joint Bargaining Delegation by Determination of Labor Relations Commission)(1) Where trade unions fail to reach an agreement on the organization of the joint bargaining delegation pursuant to Article 29-2 (4) of the Act and Article 14-8 (1) of this Decree, all or some of the trade unions entitled to participate in the organization of the joint bargaining delegation shall file an application for determination of the organization of the joint bargaining delegation with a Labor Relations Commission pursuant to Article 29-2 (5) of the Act.


(2) When a Labor Relations Commission receives an application for determination of the organization of the joint bargaining delegation pursuant to paragraph (1), it shall determine the number of persons for each trade union participating in the joint bargaining delegation of ten or less persons in total in consideration of the ratio of the number of union members of each trade union to the total number of union members within ten days from the date it receives such application and notify each trade union and an employer thereof: Provided, That where it finds difficulty in making a determination within such period, such period may be extended once up to ten days.


(3) The determination of the joint bargaining delegation pursuant to paragraph (2) shall be based on the ratio of the number of union members submitted by all the trade unions entitled to participate in the joint bargaining delegation. Where all or some of the trade unions raise an objection against the number of union members and ratio, Article 14-7 (4) through (7) shall apply mutatis mutandis.


(4) The trade unions participating in the organization of the joint bargaining delegation shall, in order to bargain with an employer, select walking delegates respectively equivalent to the number of persons determined by a Labor Relations Commission pursuant to paragraph (2) and notify the employer thereof.


(5) When organizing the joint bargaining delegation pursuant to paragraph (4), the trade unions participating in the joint bargaining delegation shall determine the representative of such joint bargaining delegation by mutual consent: Provided, That where the trade unions fail to reach an agreement, the representative of a trade union which has the largest number of union members shall be the representative of the joint bargaining delegation.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010] ≪Enforcement Date: Jul. 1, 2011≫






Article 14-10 (Maintenance Period of Status of Representative Bargaining Trade Union)(1) A representative bargaining trade union determined pursuant to Article 29-2 (2) through (5) of the Act shall maintain the status of such representative bargaining trade union from the time when it is determined so to the date according to the classification referred to in the following subparagraphs, and, where a new representative bargaining trade is determined, it shall maintain the status of the representative bargaining trade union until such a new representative bargaining trade union is determined:


1. Where the term of validity of the first collective agreement a representative bargaining trade union concludes with an employer after becoming a representative bargaining trade union is two years: The expiration date of the term of validity of such a collective agreement;


2. Where the term of validity of the first collective agreement a representative bargaining trade union concludes with an employer after becoming a representative bargaining trade union is less than two years: Two years after the date such collective agreement comes into force.


(2) Where a new representative bargaining trade union is not determined notwithstanding the fact that the maintenance period of the status of a representative bargaining trade union pursuant to paragraph (1) has expired, the existing representative bargaining trade union shall maintain the status of the representative bargaining trade union in connection with the implementation of the existing collective agreement until a new representative bargaining trade union is determined.


(3) Where a representative bargaining trade union determined pursuant to Article 29-2 of the Act fails to conclude a collective agreement for one year from the date determined so, any trade union may request an employer to bargain. In such cases, Articles 14-2 (2) and 14-3 through 14-9 shall apply.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010] ≪Enforcement Date: Jul. 1, 2011≫






Article 14-11 (Determination of Division of Bargaining Units)(1) Where a trade union or employer intends to bargain by dividing bargaining units pursuant to Article 29-3 (2) of the Act, the trade union or the employer may file an application for determination of division of bargaining units with a Labor Relations Commission during a period falling under any of the following subparagraphs:


1. Before an employer makes a public announcement of the fact of request for bargaining pursuant to Article 14-3;


2. Where an employer has made a public announcement of the fact of request for bargaining pursuant to Article 14-3, after the date on which a representative bargaining trade union pursuant to Article 29-2 of the Act is determined.


(2) When a Labor Relations Commission receives an application for determination of division of bargaining units pursuant to paragraph (1), it shall notify all the trade unions and an employer of the relevant business or place of business of such details, and such trade unions and employer may present their opinions until the period designated by the Labor Relations Commission.


(3) A Labor Relations Commission shall determine division of bargaining units within 30 days from the date it receives an application pursuant to paragraph (1) and notify all trade unions and employers of the relevant business or place of business thereof.


(4) Where a trade union is notified of the determination of division of bargaining units from a Labor Relations Commission pursuant to paragraph (3),a trade union which intends to bargain with an employer may, when there exists a collective agreement in a bargaining unit to which it belongs, request bargaining in writing stating necessary matters pursuant to Article 14-2 (2) from three months prior to the expiration date of the term of validity of such collective agreement.


(5) When a trade union requests bargaining pursuant to Article 14-2 before a Labor Relations Union decides on an application for determination of division of bargaining units pursuant to paragraph (1), the proceeding of procedures for simplifyingf bargaining windows, such as a public announcement of the fact of request for bargaining pursuant to Article 14-3, shall be suspended until a determination of division of bargaining units pursuant to Article 29-3 (2) of the Act is made.


(6) In addition to the matters prescribed by paragraphs (1) through (5), matters necessary for an application for determination of division of bargaining units and a decision, etc. on such application shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 14-12 (Correction of Violation of Duties of Fair Representation)(1) Where a representative bargaining trade union determined pursuant to Article 29-2 of the Act and an employer discriminate in violation of Article 29-4 (1) of the Act, a trade union may file an application for correction of violation of duties of fair representation with a Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(2) When a Labor Relations Commission receives an application for correction of violation of duties of fair representation pursuant to paragraph (1), it shall make a necessary investigation and examine the interested party without delay.


(3) When a Labor Relations Commission make an examination pursuant to paragraph (2), it may examine necessary matters by having a witness attend, on application of the interested party or ex officio.


(4) When a Labor Relations Commission makes an examination pursuant to paragraph (2), it shall give the interested party sufficient opportunities to present evidences and cross-examine a witness.


(5) A Labor Relations Commission shall issue orders for or makes a decision on application for correction of violation of duties of fair representation pursuant to paragraph (1) in writing and notify a representative bargaining trade union, employer and trade union which has applied for such correction in writing respectively.


(6) Detailed procedures for the investigations and examinations on application for correction of violation of duties of fair representation pursuant to paragraph (1) filed by a Labor Relations Commission shall be separately prescribed by the National Labor Relations Commission.


[This Article Newly Inserted by Presidential Decree No. 22030, Feb. 12, 2010]




Article 15 (Report of Collective Agreement)


The report of a collective agreement stipulated under Article 31 (2) of the Act shall be conducted in joint signature of both parties.






Article 16 (Request for Interpretation of Collective Agreement)


The request for interpretation of a collective agreement or for statement of views on the method of performance of a collective agreement as stipulated under Article 34 (1) of the Act shall be made in writing by entering the contents of the agreement and the opinions of the parties.






Article 17 (Report of Industrial Actions)


When any trade union intends to conduct an industrial action, it shall report the date, place, the number of participants in, and the method of the industrial action, in advance in writing to the administrative agencies and the competent Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998; Presidential Decree No. 22269, Jul. 12, 2010>






Article 18 (Report of Acts of Violence, etc.)(1) The employer shall, when the industrial action violates Article 38 (1) and (2) or 42 (1) or (2) of the Act, immediately report on the situation to the administrative agencies and the competent Labor Relations Commission.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998; Presidential Decree No. 20397, Nov. 30, 2007>


(2) Such report as referred to in paragraph (1) shall be made in writing, verbally, by telephone or in other appropriate manner.






Article 19 Deleted.  <by Presidential Decree No. 20397, Nov. 30, 2007>






Article 20 (Scope of Workers Engaged in Production of Defense Industry Supplies)


"Those who are involved in a work of mainly producing national defense goods" in Article 41 (2) of the Act means a person engaged in the business of manufacture, processing, assembly, maintenance, reproduction, amelioration, performance test, heat treatment, painting and gas handling, etc. which are required for completion of the defense industry products.






Article 21 (Facilities Prohibited from Occupation)


"Facilities equivalent thereto as prescribed by Presidential Decree" in Article 42 (1) of the Act means any of the following facilities:  <Amended by Presidential Decree No. 16511, Aug. 6, 1999; Presidential Decree No. 20397, Nov. 30, 2007; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25836, Dec. 9, 2014>


1. Electric, electronic computing or communications facilities;


2. Rolling stock or railway tracks (including urban railways);


3. Ships under construction, repair, or on the berth: Provided, That cases where a seafarer under the Seafarers Act gets on board the ship in question shall be excluded;


4. Aircraft, navigation safety facilities, or facilities for landing and taking off of aircraft or for transport of passengers and cargo;


5. Any places where material having a risk of explosion, such as gunpowder, explosives, etc. or harmful material under subparagraph 2 of Article 2 of the Chemicals Control Act is kept or stored;


6. Other facilities which, if occupied, are likely to suspend or abolish production and other major activities or to cause grave danger and harm to public interest and which the Minister of Employment and Labor designates as such in consultation with the heads of the relevant central administrative agencies.






Article 22 (Notification to Suspend)


Where an administrative agency notifies a trade union to suspend an industrial action pursuant to Article 42 (3) of the Act, it shall notify in writing.  <Amended by Presidential Decree No. 15780, Apr. 27, 1998; Presidential Decree No. 20397, Nov. 30, 2007>






Article 22-2 (Scope of Essential Businesses)


Essential businesses by essential public business pursuant to Article 42-2 (1) of the Act shall be as attached Table 1.


[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]




Article 22-3 (Applications, etc. for Determination of Maintaining or Operating Levels of Essential Businesses)(1) If any party to labor relations applies for determination of maintaining or operating levels of essential businesses, duties subject thereto and the number of persons required therefor (hereinafter referred to as "determination of levels, etc. of essential businesses") pursuant to Article 42-4 (1) of the Act, the competent Labor Relations Commission shall organize a Special Arbitration Committee for the determination on such application without delay.


(2) If the Labor Relations Commission makes a determination of levels, etc. of essential businesses pursuant to Article 42-4 (2) of the Act, it shall notify parties to labor relations of such determination in writing without delay.


(3) If both parties or one party to labor relations does not agree to the interpretation of, or the method of implementing a determination made under paragraph (2), both parties or one of the parties to labor relations may request the competent Labor Relations Commission to interprete such determination in writing with opinions of parties to labor relations attached thereto.


(4) Upon receiving a request for the interpretation pursuant to paragraph (3), if a relevant Special Arbitration Committee interpretes pursuant to Article 42-4 (4) of the Act, the Labor Relations Commission shall notify parties to labor relations of such interpretation in writing without delay.


(5) Procedures for filing an application for determination of levels, etc. of essential businesses pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]




Article 22-4 (Calculation Method of Number of Participants in Strike)(1) The number of participants in a strike pursuant to the latter part of Article 43 (4) of the Act shall be calculated by unit of one day by the number of persons who do not provide the whole or part of work by reason of participation in a strike during working hours responsible for work.


(2) If necessary for the calculation of the number of persons who participate in a strike pursuant to paragraph (1), an employer may request a trade union to cooperate.


[This Article Newly Inserted by Presidential Decree No. 20397, Nov. 30, 2007]




Article 23 (Report of Private Mediation or Arbitration)(1) When parties to labor relations agree to settle an industrial dispute by means of private mediation or arbitration, they shall report thereon to the competent Labor Relations Commission in accordance with Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>


(2) A report referred to in paragraph (1) may be filed even when the mediation or arbitration referred to in Chapter 5, Sections 2 through 4 of the Act is in progress.


(3) Where an industrial dispute fails to be settled through private mediation or arbitration stipulated under Article 52 of the Act, parties to labor relations may apply, in accordance with Ordinance of the Ministry of Employment and Labor, to the competent Labor Relations Commission for mediation or arbitration of the industrial dispute pursuant to Chapter 5, Section 2 or 3 of the Act. In such cases, the competent Labor Relations Commission shall without delay start the procedure for such mediation or arbitration under Chapter 5, Section 2 or 3 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>






Article 24 (Applications for Mediation, etc. of Industrial Disputes)(1) When parties to labor relations apply for mediation or arbitration pursuant to Article 53 (1) or 62 of the Act, they shall file an application to the competent Labor Relations Commission, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 20397, Nov. 30, 2007; Presidential Decree No. 22269, Jul. 12, 2010>


(2) Where the Labor Relations Commission which has received an application under paragraph (1) deems the details of the application is not appropriate for mediation or arbitration under Chapter 5, Section 2 or 3 of the Act, it shall inform the parties of the grounds therefor and other means of settlement.






Article 25 (Notification of Mediation)


The Labor Relations Commission shall, when it has decided to conduct mediation or arbitration pursuant to Articles 53, 62, 78 and 80 of the Act, without delay, inform each of the parties concerned thereof in writing.






Article 26 (Composition of Mediation Committee)


The Labor Relations Commission shall, where it conducts mediation of a trade dispute pursuant to Article 53 of the Act, set up without delay a mediation committee or a special mediation committee for mediation of the dispute in question.






Article 27 (Request for Interpretation of Mediation Scheme)


Article 27 (Request for Interpretation of Mediation Scheme)






Article 28 (Composition of Arbitration Committee)


The Labor Relations Commission shall, where it has decided to conduct arbitration of an industrial dispute pursuant to Article 62 of the Act, without delay set up an arbitration committee for arbitration of the dispute in question.






Article 29 (Service of Written Arbitration Award)(1) The Labor Relations Commission shall, when it has conducted arbitration pursuant to Article 68 (1) of the Act, without delay serve the written arbitration award to each of the parties concerned.


(2) The National Labor Relations Commission shall, when it has reviewed the arbitration award delivered by a Regional Labor Relations Commission or a Special Labor Relations Commission pursuant to Article 69 (1) of the Act, serve the written review decision without delay to the parties concerned and the Labor Relations Commission concerned, respectively.






Article 30 (Request for Interpretation of Arbitration Award)(1) Parties to labor relations may, if any disagreement of opinions exists between the parties with respect to the interpretation of the arbitration award or the method of performance thereof under Article 68 (1) of the Act, request the arbitration committee in question to produce clear views on the interpretation or the method of performance.


(2) The request for production of opinions under paragraph (1) shall be made in writing entering the contents of the arbitration award in question and the opinions of the parties, etc.






Article 31 (Payment of Allowance, etc.)


In respect of a person nominated as special mediator pursuant to the proviso to Article 72 (3) of the Act, allowances and travel expenses payable to a member of the Labor Relations Commission may be paid within budget limit for execution of the person's duties.






Article 32 (Public Announcement of Emergency Mediation)


The public announcement of a decision on emergency mediation stipulated in Article 76 (3) of the Act shall be made in newspapers, on the radio, or in such manner as to enable the general public to learn about it as quickly as possible.






Article 33 (Delegation, etc. of Authority)(1) Pursuant to Article 87 of the Act, the Minister of Employment and Labor shall delegate his/her authority for the following matters to the head of the regional employment and labor office having jurisdiction over the location of the principal office of a trade union: Provided, That the authority for a trade union in the form of an associated organization and a nationwide, industrial unit trade union shall be excluded therefrom.  <Amended by Presidential Decree No. 20397, Nov. 30, 2007; Presidential Decree No. 22269, Jul. 12, 2010>


1. Acceptance of a report of establishment of a trade union under Article 10 (1) of the Act;


2. Issuance, request for supplementation and rejection of a certificate of report under Article 12 of the Act;


3. Acceptance of a report of modifications under Article 13 (1) of the Act;


4. Receipt of a notification under Article 13 (2) of the Act;


5. Request for resolution of the Labor Relations Commission and nomination of a person entitled to convoke extraordinary general meetings, etc. under Article 18 (3) and (4) of the Act;


6. Orders to correct the bylaw, resolutions and dispositions under Article 21 of the Act;


7. Request for submission of materials under Article 27 of the Act;


8. Request for resolution of the Labor Relations Commission under Article 28 (1) 4 of the Act and acceptance of a report of dissolution under paragraph (2) of the same Article;


9. Acceptance of a report of a collective agreement under Article 31 (2) of the Act and orders to correct a collective agreement under paragraph (3) of the same Article;


10. Request for resolution of the Labor Relations Commission and decision on and public notice of geographical binding force of a collective agreement under Article 36 of the Act;


11. Deleted;  <by Presidential Decree No. 20397, Nov. 30, 2007>


12. Request for resolution of the Labor Relations Commission and notification to suspend an industrial action under Article 42 (3) and (4) of the Act;


13. Acceptance of a report of lockout under Article 46 (2) of the Act;


14. Imposition of an administrative fine under Article 96 of the Act;


15. Request for correction and notification under Article 9 (2) and (3);


16. Acceptance of a report of modifications and issuance of a certificate of a report of modifications under Article 10 (2) and (3) (in cases falling under Article 10 (2), the head of the regional employment and labor office having jurisdiction over the new location of the principal office of a trade union);


17. Acceptance of a report of an industrial action under Article 17;


18. Acceptance of a report of an act of violence, etc. under Article 18.


(2) Notwithstanding paragraph (1), where the Minister of Employment and Labor deems that it is impracticable for the regional employment and labor office having jurisdiction over the location of the principal office of a trade union to handle a case or it is necessary for the effective operation of business affairs, he/she may designate and require a regional employment and labor office to handle the relevant case.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>






Article 33-2 (Processing of Personally Identifiable Information)


Administrative agencies or the Labor Relations Commission may, where it is inevitable for performance of the following affairs, process documents containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:


1. Affairs concerning a report of establishment of a trade union under Article 10 (1) of the Act;


2. Affairs concerning a report of modifications of the matters reported upon establishment, a regular notification of present situation of a trade union and other relevant matters under Article 13 of the Act;


3. Affairs concerning a remedy for unfair labor practices under Article 82 (1) of the Act;


4. Affairs concerning a request for correction and a notification under Article 9 (2).


[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]




Article 34 (Standard for Imposition of Administrative Fines)


The standards for imposition of administrative fines under Article 96 (1) and (2) of the Act shall be as specified in attached Table 2.


[This Article Wholly Amended by Presidential Decree No. 22802, Mar. 30, 2011]




부칙  ADDENDUM <Presidential Decree No. 15780,  Apr. 27,  1998>


This Decree shall enter into force on May 1, 1998.





부칙  ADDENDA <Presidential Decree No. 16511,  Aug. 6,  1999>


Article 1 (Enforcement Date)




This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)


Articles 2 and 3 Omitted.






부칙  ADDENDUM <Presidential Decree No. 20397,  Nov. 30,  2007>


This Decree shall enter into force on January 1, 2008.





부칙  ADDENDA <Presidential Decree No. 22030,  Feb. 12,  2010>


Article 1 (Enforcement Date)




This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14 and 14-2 through 14-12 shall enter into force on July 1, 2011.


Article 2 (Organization and Operation of Practical Business Support Group for Advancing Labor-Management Relations)


(1) The Minister of Labor shall establish and operate the practical business support group for advancing labor-management relations not later than December 31, 2012 for the smooth execution of the Time-Off System and the system for simplification of bargaining windows.


(2) Matters necessary for organization and operation of the practical business support group for advancing labor-management relations shall be determined by the Minister of Labor.






부칙  ADDENDA <Presidential Decree No. 22269,  Jul. 12,  2010>


Article 1 (Enforcement Date)




This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 14-2, 14-3, 14-5, 14-7, 14-11 and 14-12 shall enter into force on July 1, 2011.


Article 2  Omitted.






부칙  ADDENDA <Presidential Decree No. 22802,  Mar. 30,  2011>


Article 1 (Enforcement Date)




This Decree shall enter force on the date of its promulgation.


Article 2 (Transitional Measures concerning Standards for Imposition of Fines for Negligence)


(1) When the standards for imposition of fines for negligence are applied to any offense comitted before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 2.


(2) The imposition disposition of a fine for negligence taken due to any offense committed before this Decree enters into force shall not be included in the calculation of the frequency of the offense pursuant to the amended provisions of attached Table 2.






부칙  ADDENDA <Presidential Decree No. 23488,  Jan. 6,  2012>


Article 1 (Enforcement Date)




This Decree shall enter into force on the date of its promulgation. (Proviso omitted.)


Article 2  Omitted.






부칙  ADDENDA <Presidential Decree No. 25836,  Dec. 9,  2014>


Article 1 (Enforcement Date)




This Decree shall enter into force on January 1, 2015.


Articles 2 through 6 Omitted.