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ENFORCEMENT DECREE OF THE LABOR RELATIONS COMMISSION ACT

ENFORCEMENT DECREE OF THE LABOR RELATIONS COMMISSION ACT

Presidential Decree No. 15322, Mar. 27, 1997

Amended by Presidential Decree No. 15680, Feb. 24, 1998 Presidential Decree No. 15740, Feb. 28, 1998

Presidential Decree No. 16460, Jun. 30, 1999

Presidential Decree No. 19972, Mar. 27, 2007

Article 1 (Purpose)

The purpose of this Decree is to provide matters delegated by the Labor Relations Commission Act and matters necessary for the enforcement thereof.

Article 2 (Name, etc., of Regional Labor Relations Commission) The names, locations and respective jurisdictions of the Regional Labor Relations Commissions prescribed in Article 2 (2) of the Labor Relations Commission Act (hereinafter referred to as the ßÖActß×) are as listed in the annexed Table 1.

Article 3 (Number of Members)

The number of members of the Labor Relations Commission prescribed in Article 6 (2) of the Act is as listed in the annexed Table 2.

Article 4 (Matters to Be Considered When Recommending Candidates for Workers Members and Employer sßÓMembers)

(1) The trade union and the employersßÓassociation shall, if they recommend members representing the workers (hereinafter referred to as ßÖworkersßÓmembersß×) and the employers (hereinafter referred to as ßÖemployersßÓmembersß×), respectively pursuant to the provisions of Article 6 (3) of the Act, take into account the number of workers, the number of trade unions, etc., by industry and size of company under the jurisdiction of the Labor Relations Commission concerned.

(2) The number of members recommended by the trade union and the employersßÓassociation pursuant to the provision of paragraph (1) shall be 150/100 or more of the respective number of the workersßÓmembers and employersßÓmembers to be appointed.

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Article 5 (Procedures for Recommending Candidates for Workers Members and EmployersßÓMembers)

(1) If a trade union recommend workers' members pursuant to Article 6 (3) of the Act, the workersßÓmembers of the National Labor Relations Commission shall be recommended by the national federation of trade unions, while the workersßÓ members of a Regional Labor Relations Commission shall be recommended by the regional representative office of the national federation of trade unions organized within the jurisdiction of the Regional Labor Relations Commission in question : Provided that if there exists a trade union not belonging to the national federation of trade unions, the recommendation may be made directly from the trade union in question.

(2) If there are multiple trade unions recommending workers' members pursuant to paragraph (1), the chairman of the Labor Relations Commission concerned may adjust the number of people that can be recommended by each trade union, in consideration of the number of members of each trade union.

(3) If an employers' association recommends employers' members pursuant to Article 6 (3) of the Act, the employersßÓ members of the National Labor Relations Commission shall be recommended by the national-level employersßÓassociation, while the employersßÓmembers of a Regional Labor Relations Commission shall be recommended by the employersßÓassociation organized within the jurisdiction of the Regional Labor Relations Commission in question.

Article 6 (Selection of Candidates for Public Interest Members) (1) The chairman of the Labor Relations Commission, the trade union and the employersßÓassociation shall, if they recommend members representing the public interest (hereinafter referred to as ßÖpublic interest membersß×) in accordance with the provisions of Article 6 (4) of the Act, recommend public interest members in charge of adjudication, public interest members in charge of redressing discrimination and public interest members in charge of adjustment separately, each within the limits of the number of public interest members to be appointed : Provided that the chairman of the Labor Relations Commission shall recommend as many as the number of public interest members to be appointed. - 3 -

(2) If a trade union and an employers' association recommend public interest members pursuant to paragraph (1), candidates for the public interest members of the National Labor Relations Commission shall be recommended by the national federation of trade unions and the national-level employers' association, respectively, while candidates for the public interest members of a Regional Labor Relations Commission shall be recommended by the regional representative office of the national federation of trade unions organized within the jurisdiction of the Regional Labor Relations Commission in question and by the employers' association, respectively : Provided that if there exists a trade union not belonging to the national federation of trade unions, the recommendation may be made directly by the trade union in question.

(3) If there are multiple trade unions recommending public interest members pursuant to paragraph (2), the chairman of the Labor Relations Commission may adjust the number of people that can be recommended by each trade union, in consideration of the number of members of each trade union.

(4) If the trade union and the employers' association, by turns, remove one by one the candidates for public interest members recommended pursuant to paragraphs (1) through (3) pursuant to Article 6 (4) of the Act, the candidates should be removed until their number reaches the number of public interest members to be appointed. In this case, if there are multiple trade unions participating in the procedures for removing by turns, the chairman of the Labor Relations Commission may adjust the number of people that can be removed by each trade union, in consideration of the number of members of each trade union.

(5) Deleted. (6) The chairman of the Labor Relations Commission shall, if a candidate recommended for public interest member fails to meet the qualifications prescribed in Article 8 of the Act or is subject to the disqualifications as referred to in Article 12 of the Act, specify the reasons and exclude him/her from the procedures for removing by turns candidates.

Article 7 Deleted. - 4 -

Article 8 (Treatment of Members)

(1) Pursuant to the provision of Article 7 (4) of the Act, members of the Labor Relations Commission may be paid allowances and travel expenses necessary for the discharge of their functions : Provided that this shall not apply if a member who is a public official attends the Commission in direct relation to his/her responsible work.

(2) For members who are not a standing member of the Labor Relations Commission, allowances shall be paid according to the number of days of attendance and travel expenses shall be paid according to the rules on public officials' travel expenses. Article 9 (Performance of Functions on Behalf of Chairman) If the chairman is unable to discharge his/her functions for inevitable reasons pursuant to Article 10 (2) of the Act, then the standing member (if there are two or more standing members, then the person designated by the chairman), and if there is no standing member, then the public interest members in the order of their seniority shall perform the functions of the chairman on his/her behalf.

Article 9-2 (Qualification Requirements for Investigation Officers of Labor Relations Commission)

(1) The qualification requirements for investigation officers (hereinafter referred to as "investigation officers") of the secretariat office or secretariat bureau of the Labor Relations Commission under Article 14-3 (1) of the Act are as follows :

1. Investigation officers of the secretariat office of the National Labor Relations Commission : public officials of the secretariat office of the National Labor Relations Commission, who meet all the requirements described in any of the following items :

A. They shall be public officials of Grades III through VII or equivalent Grades; and

B. They shall be responsible for the work prescribed in subparagraph 1 or 2 of Article 2-2.

2. Investigation officers of the secretariat bureau of a Regional Labor Relations Commission : public officials of the secretariat bureau of a Regional Labor Relations Commission who meet all requirements described in any of the following items :

A. They shall be public officials of Grades III through VII or equivalent Grades; and

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B. They shall be responsible for the work prescribed in subparagraph 1 or 2 of Article 2-2.

(2) Notwithstanding the provision of paragraph (1), a person who is a public official of Grades VI and VII or equivalent Grades and has worked for less than one year in the Ministry of Labor or its subsidiary organization shall additionally meet the requirements described in any of the following subparagraphs to be appointed as investigation officer;

1. He/she shall complete the education determined by the chairman of the National Labor Relations Commission; or

2. He/she shall have worked for six months or more as an assistant to an investigation officer.

Article 10 (Statement of Opinion)

The Minister of Labor may, if there is a request from the Labor Relations Commission or if it is deemed necessary, allow relevant public officials to attend a meeting of the Labor Relations Commission and to state their opinions. Article 11 (Reimbursement of Expenses)

A person who attends a meeting of the Labor Relations Commission pursuant to the provision of Article 23 (3) of the Act shall be reimbursed for the expenses incurred according to the rules on public officialsßÓtravel expenses.

Article 12 (Imposition and Collection of Fine for Negligence) (1) If the Labor Relations Commission intends to impose a fine for negligence pursuant to Article 33 (2) of the Act, it shall notify the person imposed with the fine for negligence in writing of the offence, the amount of the fine for negligence, etc., and that he/she should pay the fine for negligence, after investigating and confirming the act of violation. (2) If the Labor Relations Commission intends to impose a fine for negligence pursuant to paragraph (1), it shall set a period of ten days or more and give the person imposed with the fine for negligence an opportunity to state his/her opinions verbally or in writing during that period. In this case, if no opinion is stated until the set deadline, it shall be considered that there is no opinion to state.

(3) The criteria for the imposition of a fine for negligence according to acts of violation are shown in Table 3. - 6 -

(4) The procedures for the collection of a fine for negligence shall be prescribed in the Ordinance of the Ministry of Labor.

Addenda (1) (Enforcement Date)

This Decree shall enter into force on April 1, 2007. (2) (Application Cases Concerning Appointment of Public Interest Members)

The revised provisions of Article 6 shall apply to public interest members who have been appointed after the enforcement of this Decree.

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[Table 1]

Name, location and jurisdiction of the Regional Labor Relations Commissions

(Relating to Article 2)

Name Location Jurisdiction

Seoul Regional Labor

Relations Comm ission

Seoul Special City Seoul Special City

Busan Regional Labor

Relations Comm ission

Busan M etropolitan City

Busan and Ulsan

M etropolitan Cities

Kyonggi Regional Labor

Relations Comm ission

Kyonggi-do Kyonggi-do

Chungnam Regional Labor

Relations Comm ission

Daejon M etropolitan City

Daejon M etropolitan City

Chungcheongnam -do

Jeonnam Regional Labor

Relations Comm ission

Gwangju M etropolitan

City

Gwangju M etropolitan

City

Jeollanam -do

Kyongbuk Regional Labor

Relations Comm ission

Daegu M etropolitan City

Daegu M etropolitan City

Kyongsangbuk-do

Kyongnam Regional Labor

Relations Comm ission

Kyongsangnam -do Kyongsangnam-do

Incheon Regional Labor

Relations Comm ission

Incheon M etropolitan City Incheon M etropolitan City Kangwon Regional Labor

Relations Comm ission

Kangwon-do Kangwon-do

Chungbuk Regional Labor

Relations Comm ission

Chungcheongbuk-do Chungcheongbuk-do

Jeonbuk Regional Labor

Relations Comm ission

Jeollabuk-do Jeollabuk-do

Jeju Regional Labor

Relations Comm ission

Jeju-do Jeju-do

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[Table 2]

Number of the Labor Relations Commission Members

Nam e

W orker

M em bers

Em ployer

M em bers

Public Interest M em bers

Those in

charge of

Adjudication

Those in

charge of

Adjudication

Seoul Regional Labor

Relations Com m ission

30 30 18 12

Busan Regional Labor

Relations Com m ission

30 30 18 12

Gyeonggi Regional Labor

Relations Com m ission

24 24 15 9

Chungnam Regional Labor

Relations Com m ission

24 24 15 9

Jeonnam Regional Labor

Relations Com m ission

24 24 15 9

Gyeongbuk Regional Labor

Relations Com m ission

24 24 15 9

Gyeongnam Regional Labor

Relations Com m ission

24 24 15 9

Incheon Regional Labor

Relations Com m ission

24 24 15 9

Gangwon Regional Labor

Relations Com m ission

18 18 11 7

Chungbuk Regional Labor

Relations Com m ission

18 18 11 7

Jeonbuk Regional Labor

Relations Com m ission

18 18 11 7

Jeju Regional Labor

Relations Com m ission

15 15 9 6

NoteIt shall be considered that the Chairman and the standing members have been included in the number of public interest members in charge of adjustment.