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ACT ON THE TRIPARTITE COMMISSION FOR ECONOMIC AND SOCIAL DEVELOPMENT
- 1 -
ACT ON THE TRIPARTITE COMMISSION
FOR ECONOMIC AND SOCIAL
DEVELOPMENT
Act No. 5990, May 24, 1999
Amended by Act No. 8297, Jan. 26, 2007
Act No. 8852, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Act is to establish the Tripartite
Commission for Economic and Social Development where
workers, employers
and the government consult labor
policies and related economic and social policies, etc. based on
mutual trust and cooperation,
to have the Commission
answer questions posed by the president, and to prescribe
necessary matters regarding the organization and
its operation in
a bid to promote industrial peace and to contribute to balanced
development of the national economy.
Article 2 (Responsibility of the Tripartite Partners)
Workers, employers and the government (hereinafter referred
to as ßÖthe
Tripartite Partnersß×) shall engage in consultations in
good faith based on mutual trust and do their best to respect
the results
of the consultation.
Article 3 (Establishment and Function of the Tripartite Commission
for Economic and Social Development)
(1) The Tripartite Commission for Economic and Social
Development (hereinafter referred to as ßÖthe Commissionß×)
shall be placed
under the President.
(2) The Commission shall consult matters in each of the
following subparagraphs.
1. Labor policies concerning workersßÓemployment security
and working conditions, and matters concerning industry,
economy and social
policies which heavily affect the labor
policies;
2. Deleted
- 2 -
3. Matters concerning the improvement of system, way of
thinking and practices for development of the labor-
management relation;
4. Matters concerning implementation methods for the agreements
reached in the Commission;
5. Matters concerning support measures for activities to increase
the cooperation of the Tripartite Partners;
6. Other matters concerning questions posed by the President.
<Enforcement Date Apr. 27, 2007>
<p>
Article 4 (Composition and Operation of the Commission)
(1) The Commission shall be composed of one Chairman, one
Standing Member,
and 2 members respectively representing
workers, employers, government and public interests. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(2) The Chairman and the Standing Member in (1) shall be
appointed by the President. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(3) The President shall appoint members representing workers
and employers out of national level workersßÓorganizations and
national
level employersßÓorganizations, respectively. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(4) The President shall appoint members representing public
interests out of persons with deep knowledge and experience
concerning
labor, economic and social issues and out of the
appointed candidates who are remained after excluding
consecutively by national
level employersßÓorganizations, among
persons recommended by national level workersßÓorganizations
or national level employersßÓorganizations
by the recommendation
of the chairman.
<p>
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(5) The members representing the government shall be the
Minister of Strategy and Finance and the Minister of Labor.
<Amended by Act No. 8297, Jan. 26, 2007 and Act No. 8852, Feb. 29, 2008>
<p>
(6) The President, if deemed necessary for consultation of
the matters prescribed by the paragraph 2 of the Article 3 of
the Act,
can appoint the head of relevant administrative agency
such as the Minister of Knowledge Economy, etc. as special
members aside
from the number of members under paragraph
(1). <Amended by Act No. 8297, Jan. 26, 2007 and Act No. 8852, - 3 - <p>
Feb. 29, 2008>
<p>
(7) Necessary matters concerning the composition, operation,
consecutive exclusion, etc. of the Commission shall be decided
by
the Presidential Decree. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<Title of This Article Amended by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
Article 5 (Duties of the Chairman, etc.)
<p>
(1) The Chairman shall represent the Commission and command
the work of the Commission. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) The Standing Member shall assist the Chairman and
carry out the duty of the Chairman in case the Chairman can
not perform his/her
duty due to unavoidable circumstances.
Article 6 (Term of Members)
<p>
(1) The term of the Commission members shall be two years
and can be renewed. <Amended by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
(2) The members shall continue to carry out their duties
until their successors are appointed when their term ends.
Article 7 (Meetings
of the Commission)
<p>
(1) The Chairman shall convene and preside over meetings.
(2) The meetings of the Commission shall be convened in
each of the following
subparagraphs. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<p>1. When the President calls for a meeting;
<p>2. When one third or more of the members calls for a
meeting;
<p>
<p>3. When the Chairman deems it necessary.
(3) A meeting of the Commission opens with the presence
of more than half of the members
on the register and its
decisions are made with the approval of the two-thirds or
more of the members attending the meeting. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(4) When the Commission votes for as prescribed in paragraph
(3), the half or more of the members representing workers,
employers
and the government shall be present, respectively.
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(5) Deleted <Deleted by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
<Title of This Act Amended by Act No. 8297, Jan. 26, 2007>
- 4 -
<p>
<Enforcement Date Apr. 27, 2007>
<p>
Article 8 (The Standing Committee)
<p>
(1) The Commission shall set up the Standing Committee to
review and coordinate the agenda to be presented in the
Commission, to
handle matters entrusted by the Commission
and to support other activities of the Commission. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(2) The Standing Committee shall be composed of 20 or less
members including one Standing Committee Chairman, who will
also take
the position of Standing Member of the Commission.
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(3) The Standing Committee members shall be appointed by
the Chairman among working level officials from workersßÓ
organizations,
employersßÓorganizations and the related administrative
bodies, and related experts representing public interests.
Provided, That
the Standing Committee members representing
public interests shall be relations experts and out of those who
are remained after
excluding consecutively by national level
workers' organizations or national level employersßÓorganizations,
among persons recommended
by national level workersßÓ
organizations or national level employersßÓorganizations. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(4) Article 6 and Article 7 (1), (3) and (4) shall be
applied mutatis mutandis to the Standing Committee. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(5) Necessary matters concerning the composition, operation, the
method of consecutive exclusion, etc. of the Standing Committee
shall be decided by the Presidential Decree. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
Article 9 Deleted
<p>
<Deleted by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 10 (Committee by Agenda and Industry)
<p>
(1) The Commission shall establish a committee by agenda
and industry in the Standing Committee with the period of
existence of
less than one year. Provided, That if necessary, the
period of existence may be extended for less than one year for
once. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) The chairman of the committee by agenda and industry
shall be appointed by the chairman of the Commission. <Amended - 5 - <p>
by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(3) Deleted <Deleted by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
(4) Necessary matters concerning the organization, operation,
etc, of the committee by agenda and industry shall be decided
by
the Presidential Decree. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<Title of This Act Amended by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
Article 11 (The Secretariat)
<p>
(1) The Commission shall set up the secretariat to handle
matters of the Commission. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) The secretariat shall have one Secretary General, but the
Standing Committee member of the Commission shall hold the
post of
the secretariat concurrently. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(3) Necessary matters concerning the organization and operation
of the secretariat shall be decided by the Presidential Decree.
Article 12 (Expert Advisors)
<p>
(1) The Commission shall have expert advisors for professional
inquiry and research concerning the work of the Commission.
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) Necessary matters concerning the number and qualifications
of expert advisors shall be decided by the Presidential Decree.
Article 13 (Cooperation of Related Organizations)
(1) The Commission, if necessary, can take such measures as
in each of the following
subparagraphs to carry out its work.
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<p>1. To call on relevant persons, public officials and experts to
attend the Commission and state their opinions;
<p>
<p>2. To call on relevant persons and organizations to submit
documents and provide explanations.
<p>
(2) The relevant persons, public officials and experts who
are called on by the Commission in accordance with paragraph
(1) shall
comply with its demands unless they are under special
circumstances. <Amended by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
Article 14 (Collection of Public Opinions)
<p>
- 6 -
<p>
The Commission, to carry out its work, can collect public
opinions by holding public hearings and seminars, and by
surveying and
having discussions on the air. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
Article 15 (Request of Survey and Research)
<p>
The Commission, to carry out its duty, can request related
organizations or experts to do inquiry and research. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
Article 16 (Dispatch of the Related Public Officials and Staff etc.)
The Chairman, if necessary, after consulting heads of the
related organizations, can have public officials or staff of the
organizations dispatched or work for the Commission at the
same
time.
<p>
Article 17 (Report on the Results of the Consultation)
(1) The Chairman shall report CommissionßÓs main activities,
including the
results of consultation, to the president. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(2) The Chairman can notify the related administrative
organizations of the Commission's decisions, and have them
implement the
decisions. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 17-2 (Notification of the Results of the Discussion)
In case all of either party of the members representing
workers or
the members representing employers fail to participate
in the decision-making process under the provisions of Article
7(3) and
(4) and vote, the deliberation shall be started with the
attendance of more than a half of registered members, and if
more than
a half of members present consent, they may decide
whether the result discussed until then will be notified the
government. <Amended by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
Article 18 (Obligation To Implement In Earnest)
<p>
(1) The government, workersßÓorganizations and employersßÓ
organizations shall reflect the decisions of the Commission and
make
every effort to implement them. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
(2) The Chairman, if the decisions of the Commission are
not implemented or delayed, can ask the related administrative
organization,
workersßÓorganizations and employersßÓorganizations
to explain the reasons or to submit the data concerned.
<Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. - 7 - <p>
27, 2007>
<p>
Article 19 (Regional Tripartite Consultation Body)
(1) The heads of local governments can set up a regional
tripartite consultation
body to promote the tripartite cooperation
in the regions concerned.
<p>
(2) The Commission may provide necessary support for the
establishment and operation of a regional tripartite consultation
body.
<Newly Inserted by Act No. 8297, Jan. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
(3) Necessary matters concerning the composition, operation,
support, etc. of the regional tripartite consultation body shall be
determined by the Presidential Decree. <Amended by Act No. 8297, Jan. 26, 2007> <Enforcement Date Apr. 27, 2007>
Addenda <Act No. 8297, Jan. 26, 2007>
<p>
Article 1 (Enforcement Date)
<p>
This Act shall enter into force three months after the date
of its promulgation.
<p>
Article 2 (Transitional Provisions Concerning the Establishment of
the Commission)
<p>
The Tripartite Commission, which had been established
under the previous provisions at the time of the enforcement of
this Act,
shall be regarded as the Tripartite Commission for
Economic and Social Development, which was established under
this Act.
<p>
Article 3 (Transitional Provisions Concerning the Term of Office
of Members)
<p>
The members appointed under the existing previous
regulations at the time of promulgation of this Act and
standing members shall
carry out their duties until new
members and standing members are appointed under the
revised provisions of Article 4 and 8.
<p>
- 8 -
<p>
Addenda <Act No. 8552, Feb. 29, 2008>
<p>
Article 1 (Enforcement Date)
<p>
This Act shall enter into force on the date of its
promulgation: Provided that, ...<omitted>..., among laws
amended by Article 6 of the Addenda, amended provisions that
were promulgated before the enforcement of this Act
but the
enforcement date has not come shall enter into force on the
date of the promulgation of each laws.
<p>
Articles 2 through 5 Omitted.
<p>
Articles 6 (Revision of Other Laws)
<p>
(1) through (528) Omitted.
<p>
(529) Parts of the Act on the Tripartite Commission for
Economic and Social Development shall be revised as follows :
"Minister
of Finance and Economy" in Article 4(5) shall be
changed to "Minister of Strategy and Economy", and "Minister
of Trade, Commerce
and Energy and the Minister of Planning
and Budget" shall be changed to "Minister of Knowledge
Economy."
<p>
(530) through (760) Omitted.
<p>
Article 7 Omitted
<p>
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