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ENFORCEMENT DECREE OF THE ACT ON THE ESTABLISHMENT, OPERATION, ETC., OF TRADE UNIONS FOR TEACHERS

Presidential Decree No. 16389, Jun. 8, 1999

Amended by Presidential Decree No. 17115, Jan. 29, 2001 Presidential Decree No. 17873, Dec. 31, 2002

Presidential Decree No. 18966, Jul. 27 2005

Presidential Decree No. 20681, Feb. 29, 2008

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on the Establishment, Operation, etc., of Trade Unions for Teachers and those necessary for the enforcement thereof.

Article 2 (Report of Subsidiary Organizations)

Of trade unions for teachers (hereinafter referred to as "trade unions"), unit trade unions covering two or more special cities, metropolitan cities or provinces (hereinafter referred to as "cities and provinces") may report the establishment of a chapter or branch of the trade union at the city or provincial level pursuant to Article 4 (2) of the Act on the Establishment, Operation, etc., of Unions for Teachers (hereinafter referred to as the "Act").

Article 3 (Bargaining Procedure)

(1) If a representative of a trade union intends to initiate collective bargaining with his/her counterpart (if an organization consisting of persons who establish or operate private schools exist, the counterpart shall, in this paragraph, refer to the representative of such organization) pursuant to the provisions of Article 6 (1) of the Act, he/she shall notify his/her counterpart in writing at least 30 days prior to the planned date of negotiations. In this case, if two or more trade unions exist for the same organization, the representative of the trade union shall notify the counterpart under joint signature. (2) A person who establishes or operates a private school shall, upon receiving a notice of negotiations pursuant to paragraph (1), organize a negotiating team at the national or city/provincial level.

(3) The parties to labor relations shall, upon receiving a notice of negotiations pursuant to paragraph (1), have a person appointed from among its members consult the agendas, number of negotiating members, date and place of negotiations and other necessary matters thereof before its planned date. (4) The parties to labor relations shall appoint the negotiating members before the planned date of negotiations. (5) In the case of paragraph (4), if two or more trade unions exist for the same organization, the negotiating members shall be appointed under an agreement between the unions or otherwise in proportion to the number of trade union members. Article 4 (Gathering of Public Opinions, etc.)

(1) The parties to labor relations may conduct a public opinion survey or hold a public hearing to gather public opinion and that of the students' parents pursuant to Article 6 (4) of the Act.

(2) Public opinion surveys and public hearings referred to in paragraph (1) may be conducted jointly by the parties to labor relations.

Article 5 (Notice of Implementation of Collective Agreements) The Minister of Education, Science and Technology, the Superintendents of the Board of Education of cities and provinces, or a person who establishes or operates a private school shall notify his/her counterpart in writing of the results of the implementation of the provisions of a collective agreement which do not have the effect of a collective agreement under Article 7 (1) of the Act before the start of the next negotiations. In this case, if an organization consisting of persons who establish or operate private schools exists, then the representative of such organization shall notify his/her counterpart in writing.

Article 6 (Mediation, etc. of Labor Disputes)

(1) When applying for mediation or arbitration pursuant to the provisions of Article 9 or Article 10 of the Act, the parties to labor relations shall apply to the National Labor Relations Commission as prescribed by the Ordinance of the Ministry of Labor.

(2) If the National Labor Relations Commission deems, after receiving an application pursuant to paragraph (1), that such application does not call for arbitration or mediation pursuant to the provisions of Article 9 or Article 10 of the Act, it shall inform the applicant of its reasons along with an alternative solution other than mediation or arbitration.

(3) The National Labor Relations Commission shall, upon conducting mediation or arbitration of a labor dispute pursuant to Article 9 or Article 10 of the Act, immediately notify in writing the parties concerned and organize a Labor Relations Adjustment Commission for Teachers as specified in Article 11 of the Act.

Article 7 (Payment of Allowances, etc)

A person appointed as a member of the Labor Relations Adjustment Commission for Teachers under the proviso of Article 11 (2) of the Act may be given allowances and travel expenses equivalent to those provided to members of the Labor Relations Commission within the budget limit.

Article 8 (Notice of Receipt of Remedy Request)

The Labor Relations Commission shall, upon receiving a request for remedy pursuant to the provisions of Article 13 of the Act, notify the Appeals Commission for Teachers of its receipt without delay.

Article 9 (Relations with Other Enforcement Decrees) (1) Except as prescribed in paragraph (2), matters not provided for in this Decree with regard to trade unions and labor relations adjustments applicable to trade unions for teachers shall be governed by the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act. In this case, the "Minister of Labor or the Mayor of Special City, the Mayor of Metropolitan City and Provincial Governor (hereinafter referred to as "Administrative Authorities")" in Article 9 (1) of the Enforcement Decree of the same Act shall be regarded as the "Minister of Labor", "the employer of the business or workplace in question or the employers association related thereto" in Article 9 (3) and Article 13 (4) of the Enforcement Decree of the same Act as the "Minister of Education, Science and Technology, the Superintendents of the Board of Education of cities and provinces, or a person who establishes and operates a private school (if an organization consisting of such persons exists, the representative of such organization), "an area falling under the jurisdiction of another Administrative Authority" in Article 10 (2) of the Enforcement Decree of the same Act as "an area falling under the jurisdiction of another regional labor office", the "Administrative Authority which has jurisdiction over the new location" in Article 10 (2) of the Enforcement Decree of the same Act as "the Minister of Labor", "paragraph (1) 3 and 4" in Article 11 (2) of the Enforcement Decree of the same Act as "paragraph (1) 3", "the employer of the business or workplace in question or the employers association related thereto" in Article 11 (2) of the Enforcement Decree of the same Act as the "Minister of Education, Science and Technology, the Superintendents of the Board of Education of cities and provinces, or a person who establishes and operates a private school (if an organization consisting of such persons exist, the representative of such organization), the "Labor Relations Commission" in Article 29 (1) of the Enforcement Decree of the same Act as the "National Labor Relations Commission", the "Arbitration Committee" in Article 30 (1) of the Enforcement Decree of the same Act as "Labor Relations Adjustment Commission for Teachers", "workers" in the Enforcement Decree of the same Act as "trade unions for teachers", "employers" in the Enforcement Decree of the same Act as the "Minister of Education, Science and Technology, the Superintendents of the Board of Education of cities and provinces, a person who establishes and operates a private school, or a person who acts on behalf of the Minister of Education, Science and Technology, the Superintendents of the Board of Education of cities and provinces, or of persons who establish and operate private schools" and "Administrative Authorities" in the Enforcement Decree of the same Act as the "Minister of Labor".

(2) The provisions of Article 7, Article 8 (3), Article 11 (1) 4, Article 14, Articles 17 through 26, Article 28, Article 29 (2), Article 31, Article 32 and Article 33 (1) 10 through 13, 17, and 18 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act shall not apply to trade unions. Addenda Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation. Proviso Omitted.

Articles 2 through 4 Omitted.

Article 5 (Revisions of Other Laws)

(1) through (4) Omitted.

(5) Parts of the Enforcement Decree of the Act on the Establishment, Operation, etc. of Trade Unions for Teachers shall be amended as follows:

"The Minister of Education and Human Resources Development" in Article 5 and Article 9 (1) shall be changed to "the Minister of Education, Science and Technology".

(6) through (20) Omitted.