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ENFORCEMENT DECREE OF THE ACT ON THE TRIPARTITE COMMISSION FOR ECONOMIC AND SOCIAL DEVELOPMENT
- 1 -
ENFORCEMENT DECREE OF THE ACT ON
THE TRIPARTITE COMMISSION FOR
ECONOMIC AND SOCIAL DEVELOPMENT
Presidential Decree No.16519, Aug. 6, 1999
Amended by Presidential Decree No. 20027, Apr. 26, 2007
Amended by 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 Tripartite Commission for Economic and
Social Development
and the particulars necessary for its
implementation.
Article 2 (Recommendation of Members Representing Public Interests
and Successive Exclusion)
(1) The Chairman (hereinafter referred to as "the Chairman")
of the Tripartite Commission for Economic and Social Development
(hereinafter
referred to as "the Commission"), as prescribed in
Article 3 of the Act on the Tripartite Commission for Economic
and Social Development
(hereinafter referred to as "the Act"),
national level workers' organizations and national level employers'
organizations shall
recommend the members who will be
appointed as the ones representing the public interests of the
Commission respectively pursuant
to Article 4 (4) of the Act.
(2) In case national level workers' organizations and national
level employers' organizations exclude
successively the person
recommended under the provisions of paragraph (1) as
prescribed in Article 4 (4) of the Act, they shall
exclude until
150/100 (If the number has the last number not more than 1,
the last number shall be regarded as one person.) of
the
number of the appointed members are remained.
(3) In case national level workers' organizations and national
level employers' organizations with 2 members or more
recommend
or successively exclude members representing public
interests under paragraph (1) and (2), the workers' organizations
and the employers'
organizations shall recommend or successively
exclude the candidates after mutual consultations.
- 2 -
<Enforcement Date Apr. 27, 2007>
<p>
Article 3 (Proposal and Presentation of a Bill)
<p>
(1) The members of the Commission can propose a bill to
be presented to the Commission.
<p>
(2) The Chairman of the Commission, as prescribed in
Article 8 of the Act, shall present a proposed bill to the
Commission after
review and coordination by the Standing
Committee : Provided that the Chairman can present a proposed
bill to the Commission with
ex officio in case of unavoidable
circumstances. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 4 (Meetings of the Commission)
<p>
(1) If the Chairman wants to convene a meeting as prescribed
in Article 7 (2) of the Act, he or she shall inform agenda, date
and
time, and place of the meeting to each member of the
Commission in writing three days before the meeting. However,
this paragraph
may not be applied under unavoidable circumstances.
(2) The Chairman, if necessary, can hold a closed meeting
with the Commission's
resolution to do so.
<p>
Article 5 (Composition of the Standing Committee)
(1) The Standing Committee shall be composed of the Standing
Committee Chairman
and Standing Committee members in each
of following subparagraphs. <Amended by Presidential Decree No. 20027, Apr. 26, 2007 and No. 20681, Feb. 29, 2008> <Enforcement Date Apr. 27, 2007>
<p>
<p>1. 5 persons recommended by national level workersßÓ
organizations;
<p>
<p>2. 5 persons recommended by national level employersßÓ
organizations;
<p>
<p>3. Vice ministers of the Ministry of Strategy and Finance
and the Ministry of Labor;
<p>
<p>4. Other related experts of 4 or less representing public
interests.
<p>
(2) The Chairman, if necessary for consultation of the matters
prescribed by the paragraph 2 of the Article 3 of the Act, can
appoint
vice ministers of the Ministry of Strategy and Finance,
the Ministry of Knowledge Economy, etc. within the range of
three persons
as members of the Standing Committee. <Amended by Presidential Decree No. 20027, Apr. 26, 2007 and No. 20681, Feb. 29, 2008> <Enforcement Date Apr. 27, 2007>
<p>
- 3 -
<p>
(3) Article 2 shall be applied mutatis mutandis to the
recommendation of Standing Committee members representing
public interests
and the procedure and method of the successive
exclusion under the proviso of Article 8 (3) of the Act. In this
case, in Article
2, "Article 4 (4) of the Act" shall be regarded as
the "proviso of Article 8 (3) of the Act", "the Committee" as
"the Standing
Committee", and "members" as "Standing
Committee members." <Newly Inserted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
(4) The Chairman can cancel the appointments of the Standing
Committee members who were appointed with the workersßÓor
employersßÓorganizationsßÓrecommendations,
if the organizations
concerned request.
<p>
<Amended by Presidential Decree No. 20027, Apr. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
Article 6 (Support for the Commission s Activities)
The Standing Committee shall handle the following matters
and report the result
to the Commission.
<p>
<p>1. Review and coordination of a bill to be presented to the
Commission;
<p>
<p>2. Handling of matters delegated by the Commission;
<p>3. Monitoring of the implementation status of the decisions
made by the Commission;
<p>
<p>4. Matters concerning opinion collection under Article 14 of
the Act;
<p>
<p>5. Matters concerning request of survey and research under
Article 15 of the Act
<p>
Article 7 (Meetings of the Standing Committee)
<p>
(1) The meetings of the Standing Committee shall be convened
in each of the following cases.
<p>
<p>1. When the Chairman calls for a meeting;
<p>2. When one third or more of the Standing Committee
members call for a meeting;
<p>
<p>3. When the Standing Committee Chairman deems it necessary.
(2) When the Standing Committee Chairman can not carry
out his/her duty
due to unavoidable circumstances, a Standing
Committee member designated by the Chairman shall carry out
the duty. When the Standing
Committee Chairman can not
appoint due to his/her vacancy, etc., a Standing Committee
member shall carry out the duty according
to seniority.
<Amended by Presidential Decree No. 20027, Apr. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
- 4 -
<p>
(3) Article 4 shall be applied mutatis mutandis to the
Standing Committee. In this case, ßÖthe Chairmanß×and ßÖthe
Commissionß×shall
be regarded as ßÖthe Standing Committee
Chairmanß×and ßÖthe Standing Committeeß×, respectively.
Article 8
<p>
Deleted. <Deleted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 9
<p>
Deleted. <Deleted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 10 (Composition of Committee by Agenda and Industry)
(1) A committee by agenda and industry under Article 10
(1) of the
Act shall be composed of 20 members or less
including a chairman.
<p>
(2) The chairman of the committee by agenda and industry
shall be appointed by the Chairman among persons with deep
knowledge and
experience concerning labor, economic and social
issues, and members of the committee by agenda and industry
shall be appointed
among persons falling under the following
subparagraphs. In this case, the numbers of appointed members
among persons falling under
subparagraph 1 and 2 shall be the
same:
<p>
<p>1. Persons recommended by national level workersßÓ
organizations;
<p>
<p>2. Persons recommended by national level employersßÓ
organizations;
<p>
<p>3. Public officials recommended by the head of related
administrative organizations;
<p>
<p>4. Related experts representing public interests; and
<p>5. Other persons who are deemed necessary by the Chairman
regarding agenda
<p>
(3) The members of the committee by agenda and industry
shall be appointed by the Chairman 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 employersßÓ
organizations, among persons recommended by national level
workersßÓorganizations or national level
employersßÓorganizations
by the recommendation of the chairman.
<p>
(4) Article 2 shall be applied mutatis mutandis to the
recommendation of the members representing public interests
- 5 -
<p>
of the committee by agenda and industry and the procedure
and method of the successive exclusion under the provisions of
paragraph
(3). In this case, in Article 2, "Article 4 (4) of the
Act" shall be regarded as the "proviso of Article 10 (3) of the
Act", "the
Committee" as "the committee by agenda and
industry", and "members" as "members of the committee by
agenda and industry." <Newly Inserted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
(5) The committee by agenda and industry, if it deems
necessary, can set up sectional committees within itself.
Article 11 (Meetings
of Committee by Agenda and Industry)
(1) The Chairman of the committee by agenda and industry
shall summon the committee by agenda
and industry and
become the chairman of the committee.
<p>
(2) A meeting of the committee by agenda and industry
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.
(3) The Chairman of
the committee by agenda and industry
may, if deemed necessary, request the person in charge in the
related administrative agency
to attend the meeting and speak.
(4) Article 4 and 7 (1) and (2) shall be applied mutatis
mutandis to the meeting convocation,
etc. In this case, in
Article 4, "the chairman" shall be regarded as the "the chairman
of the committee of agenda and industry",
"Article 7(2) of the
Act" as "Article 7(1) of the Act", and "the committee" as "the
committee by agenda and industry" and "members"
as "the
members of the committee by agenda and industry" respectively,
and in Article 7, "the Standing Committee" shall be regarded
as
"the committee by agenda and industry", "the Standing Committee
members" as "the members of the committee by agenda and
industry"
and "the Chairman of the Standing Committee" as "the
chairman of the committee by agenda and industry." <Wholly Amended by Presidential Decree No. 20027, Apr. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
<Title of this Article Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 12 (Organization and Operation of the Secretariat Office)
(1) Deleted <Deleted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) The Secretary General under the provisions of Article
11 (2) of the Act shall handle matters ordered by the
- 6 -
<p>
Chairman, command and supervise the staff of the Secretariate.
<Amended by Presidential Decree No. 20027, Apr. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
(3) Other matters concerning the organization and operation
of the secretariat office shall be prescribed by the managerial
regulations
of the Commission.
<p>
Article 13 (Number and Qualification of Expert Advisors)
(1) The number of expert advisors in the Commission shall
be 15 or less
in accordance with Article 12 of the Act.
<Amended by Presidential Decree No. 20027, Apr. 26, 2007>
<Enforcement Date Apr. 27, 2007>
<p>
(2) The Chairman shall appoint those people with abundant
knowledge and experiences in the fields of labor industry,
economy, social
policy such as Ph.D holders, etc. as expert
advisors.
<p>
(3) Expert advisors shall carry out the following tasks in
relation to inquiry and research of the Commission work.
<p>1. Review of agenda of the Commission;
<p>2. Review of implementation method on matters decided by
the Commission;
<p>
<p>3. Collection of materials related to the Commission work;
<p>4. Other matters requested by the Commission.
Article 14 (Allowances, etc.)
<p>
Wages, allowances, travelling expenses and other necessary
expenses can be paid within the budget to the Chairman of
the committee
by agenda and industry, the members of the
Commission, the Standing Committee and the committee by
agenda and industry, the head
and staff of the secretariat, the
expert advisors and the other related experts. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 15 (Publication on Implementation Status of Decisions)
The Chairman, in a bid to have the government, workersßÓ
and employersßÓorganizations
earnestly implement agreements
reached by the Commission, can check out quarterly whether
the agreements have been implemented
and, if it deems
necessary, publicize the results in accordance with Article 18 of
the Act.
<p>
Article 16 (Composition and Function of Regional Tripartite
Consultation Body)
<p>
(1) A regional tripartite consultation body established Article
- 7 -
<p>
19 (1) of the Act shall be composed of 30 or less members
including a chairman. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
(2) The chairman of a regional tripartite consultation body
shall eb the head of the local government, and the members of
a regional
tripartite consultation body shall be appointed
among the following persons by the head of the local
government. In that case,
the number of members representing
workers and employers shall be the same. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<p>1. Persons representing workers;
<p>2. Persons representing employers;
<p>3. Persons representing public interest;
<p>4. Persons representing local governments concerned;
<p>5. Persons representing regional labor offices concerned.
(3) A regional tripartite consultation body prescribed in
paragraph (1)
consults the following matters. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
<p>1. Matters concerning tripartite cooperation scheme in the
region concerned;
<p>
<p>2. Matters concerning unemployment and employment measures
in the region concerned;
<p>
<p>3. Other matters concerning regional economy concerned
(4) The necessary matters concerning composition and operation
of a regional
tripartite consultation body shall be determined by
the ordinances of local governments to accomodate the circumstances
of the
region concerned. <Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<Title of This Article Amended by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 16-2 (Support for a Regional Tripartite Consultation Body)
The Commission may provide support of the following
subparagraphs
for a regional tripartite consultation body
pursuant to the provisions of Article 19 (2):
<p>
<p>1. The establishment of a regional tripartite consultation body;
<p>2. The operation of a regional tripartite consultation body
for the cooperation in a regional tripartite consultation
body; and
<p>
<p>3. Other necessary matters deemed by the Chairman for the
activation of a regional tripartite consultation body
- 8 -
<p>
<Newly Inserted by Presidential Decree No. 20027, Apr. 26, 2007> <Enforcement Date Apr. 27, 2007>
<p>
Article 17 (Detailed Rules of Management)
<p>
The Chairman shall decide necessary matters concerning the
operation of the Commission in addition to matters prescribed
in this
Decree through the Commission's resolution.
Addendum
<p>
<Presidential Decree No. 20027, Apr. 26, 2004>
<p>
This Act shall enter into force on Apr. 27, 2007.
Addenda
<p>
(1) (Date of Enforcement)
<p>
This Decree shall enter into force on the date of promulgation.
(2) (Abortion of other regulation)
<p>
The regulations of Tripartite Commission shall be abolished.
Addenda
<p>
<Presidential Decree No. 20681, Feb. 29, 2008>
<p>
Article 1 (Enforcement Date)
<p>
This Act shall enter into force on the date of its
promulgation. <Proviso omitted>
<p>
Articles 2 through 4 Omitted.
<p>
Articles 5 (Revision of Other Laws)
<p>
(1) Parts of the Enforcement Decree of the Act on the
Tripartite Commission for Economic and Social
<p>
Development shall be revised as follows :
<p>
"Vice Minister of the Ministry of Finance and Economy" in
Article 5(1)3 shall be changed to "Vice Ministers of the Ministry
of
Strategy and Finance", and "Vice Minister of the Ministry of
Commerce, Industry and Energy and the Ministry of Planning
and Budget"
shall be changed to "Vice Ministers of the Ministry
of Strategy and Finance and the Ministry of Strategy and
Finance and the Ministry
of Knowledge Economy."
<p>
(2) through (20) Omitted.
<p>
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