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TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT

TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT


INTRODUCTION


Details of Enactment and Amendment

- Enactment: This Act was enacted on March 13, 1997 by combining the Labor Union Act which had been enacted on March 8, 1953 in order to guarantee workers' freedom of solidarity and the Labor Disputes Adjustment Act which had been enacted on March 8, 1953 for the purpose of guaranteeing workers the right to collective action and resolving labor disputes in a fair manner. The process was driven forward as a part of the reform movement to guarantee the autonomy of trade union activities and to keep the bargaining power between the labor and management in balance, escaping from the outdated tradition of the labor-management relations which had been preserved for some forty years.
- Amendment: This Act has come to its present form after the amendments over two occasions, on February 20, 1998 and on March 28, 2001.


Main Contents

- Purpose of the Trade Union and Labor Relations Adjustment Act is to promote preservation/ improvement of working conditions and status improvement of workers by prescribing matters relevant to the rights of association, collective bargaining, and collective action which are guaranteed by the Constitution and to maintain industrial peace by preventing and resolving labor union disputes through fair mediation when a dispute arises between a trade union and the employer.

- This Act is composed of total of eight Chapters, ninety-six Articles as well as the Addenda.
- Chapter 1 provides the purpose of this Act and prescribes that an employer may not claim for compensation of damages that are incurred through the acts of collective bargaining or industrial actions that are proceeded pursuant to the provisions of this Act.
- Chapter 2 proclaims the freedom of workers to establish a trade union and provides procedures for its establishment and for admission therein.
- Chapter 3 prescribes that a trade union has the authority to bargain and make a collective agreement with the employer and provides for the effect and the effective term of a collective agreement.
- Chapter 4 provides matters relevant to strike, slowdown, lock-out and other industrial actions which the parties to labor relations take for the purpose of accomplishing their claims and prescribes that an industrial action generally may not be taken without the steps for preliminary mediation and arbitration by the Labor Relations Commission first having been taken.
- Chapter 5 provides methods and the effect, etc. of adjustment and arbitration done by the Labor Relations Commission and prescribes that the arbitration process shall be completed within ten or fifteen days and that no industrial action may be taken for fifteen days after a dispute is referred to arbitration.
- Chapter 6 prohibits any unfair labor practice which is stated as a case when an employer improperly infringes on the three labor rights of workers and provides remedy procedures for workers whose rights have been infringed on by such unfair labor practices.
- Lastly, Chapter 8 states penalty provisions for persons who commit an act that violates this Act.
- Details of main changes that have been brought about by the 1997 amendment process include: that establishment of multiple trade unions at one unit of work-place is permitted as of year 2002; that a worker who is engaged exclusively in trade union affairs may not receive wage; that the effective term of a collective agreement is extended to two years from one year; that the provision prohibiting involvement of a third party in collective bargaining, industrial action is deleted; and that a worker who has participated in an industrial action shall not receive wage.
- Details of main changes that have been brought about by the 2001 amendments include: that the report period of alterations in the report on establishment of a trade union is extended from 15 days to 30 days; that the contents of violations of a collective agreement are limited to six items, such as those concerning wages, welfare expenses and retirement allowance, those concerning work hours and vacations, and those concerning industrial actions, etc. and any violators thereof shall be punished by a fine of not more than 10 million won; and that the enforcement of such provisons shall be deferred for 5 years from December 31, 2001 to December 31, 2006, as those concerning the allowing of the establishment of multiple trade unions at a unit of business or of work place, those concerning the prohibition of wage payment to full-time workers of a trade union; and those concerning that the wage payment to full-time workers of a trade union shall correspond to the unfair labor practices.


For Further Information, Please Contact :

- Trade Union Division
Tel : (82-2)-503-9734 Fax : (82-2)-503-9731

- Website : www.molab.go.kr




TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT

Act No. 5310, Mar. 13, 1997
Amended by Act No. 5511, Feb. 20, 1998
Act No. 6456, Mar. 28, 2001



CHAPTER I GENERAL PROVISIONS



Article 1 (Purpose)

The purpose of this Act is to maintain and improve the working conditions of workers and enhance their economic and social status by guaranteeing the rights of association, collective bargaining, and collective action as prescribed in the Constitution, and to contribute to the maintenance of industrial peace and the development of the national economy by preventing and resolving industrial disputes through the fair adjustment of labor relations.



Article 2 (Definitions)

For the purpose of this Act, the definitions of terms shall be as follows:
1. The term "worker" means any person who lives on wages, a salary, or any other income equivalent thereto, regardless of his/her occupation;
2. The term "employer" means a business owner, a person responsible for the management of a business or a person who acts on behalf of a business owner with regard to matters concerning workers in the business;
3. The term "employers' association" means an organization of employers which has powers to adjust or control its members in connection with labor relations;
4. The term "trade union" means an organization or associated organizations of workers, which is formed in a voluntary and collective manner upon the workers' initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status; Provided, That an organization shall not be regarded as a trade union in the cases falling in any of the following categories:
(a) In case where an employer or other persons who always act in the interest of the employer are allowed to join it;
(b) In case where most of its expenditure is supported by the employer;
(c) In case where its activities are only aimed at mutual support, self-improvement and other welfare undertakings;
(d) In case where those who are not workers are allowed to join it: Provided that a dismissed person who has applied to the Central Labor Relations Commission for remedies for unfair labor practices shall not be regarded as a person who is not a worker until a review decision has been made by the Central Labor Relations Commission.
(e) In case where its aims are mainly directed at political movements.
5. The term "industrial disputes" means any controversy or difference arising from disagreements between a trade union and an employer or employers' association (hereinafter referred to as the "parties to labor relations") with respect to the determination of conditions of employment as wages, working hours, welfare, dismissal, and other issues. In this case, the disagreements refer to situations in which the parties to labor relations are no longer likely to reach an agreement by means of voluntary bargaining even if they continue to make such an attempt; and
6. The term "industrial actions" means actions or counter-actions which obstruct the normal operation of a business, such as strikes, sabotage, lock-outs, and other activities through which the parties to labor relations intend to accomplish their claims.



Article 3 (Restriction on Claim for Damages)

When an employer has suffered damages due to collective bargaining or industrial action under this Act, he shall not claim damages against a trade union or workers.



Article 4 (Justifiable Activities)


Article 20 of the Criminal Act shall apply to justifiable activities which are conducted to achieve the purpose of Article 1 as collective bargaining, industrial action and other activities by trade unions: Provided, That acts of violence or destruction shall not be construed as justifiable for any reason.



CHAPTER II TRADE UNION


SECTION 1 Common Provisions



Article 5 (Establishment and Admission of Trade Unions)

Workers shall be free to establish a trade union or to join it: Provided, That matters with respect to public officials or school teachers shall be prescribed by other Acts.



Article 6 (Incorporation of Trade Unions)

(1) A trade union may be formed as a juristic person pursuant to its bylaws.
(2) In case where a trade union is formed as a juristic person it shall be registered in accordance with the Presidential Decree.
(3) With respect to an incorporated trade union, provisions concerning juristic persons of the Civil Act shall apply, except as otherwise provided by this Act.



Article 7 (Requirements for Protection of Trade Unions)

(1) Trade unions which are not established pursuant to this Act shall not make an application for adjustment of industrial disputes and for the remedy of unfair labor practices to the Labor Relations Commission.

(2) Paragraph (1) shall not be construed as excluding the protection of workers as referred to in subparagraphs 1, 2 and 5 of Article 81.
(3) No one other than trade unions established pursuant to this Act shall use the title of trade union.



Article 8 (Exemption from Taxation)

No taxes shall be imposed on a trade union as prescribed by tax-related Acts or subordinate statutes, except on its affiliated business.



Article 9 (Prohibition of Discrimination)

A member of a trade union shall not be discriminated against on the ground of race, religion, sex, political party, or social status.


SECTION 2 Establishment of Trade Union



Article 10 (Report on Establishment of Trade Unions)


(1) Any person who intends to establish a trade union shall submit a report specifying the following matters, together with the bylaws as referred to in Article 11, to the Minister of Labor in case of a trade union in the form of an associated organization and a unit trade union comprising 2 or more of Special Metropolitan City, Metropolitan cities, and Dos; and to the Special Metropolitan City Mayor, Metropolitan City Mayors, and Do governors in case of other trade unions:
1. Name of the trade union;
2. Location of the main office;
3. The number of union members;
4. Name and address of union officers;
5. Title of an associated organization to which it belongs, if any; and
6. In case of a trade union formed as an associated organization, the names of its constituent organizations, the number of union members, location of the main office, and the names and addresses of officers.
(2) A trade union formed as an associated organization as referred to in paragraph (1) refers to an industrial associated organization whose members are unit trade unions in the same industry, or to a confederation of associated organizations whose members are industrial associated organizations or national industrial unit trade unions.



Article 11 (Bylaws)

All trade unions shall provide for the following subparagraphs in their bylaws in order to guarantee the autonomous and democratic operation of their organization:
1. Name of the trade union;
2. Purposes and activities;
3. Location of the main office;
4. Matters concerning union members (in case of a trade union formed as an associated organization, matters concerning its constituent organizations);
5. Name of an associated organization to which it belongs, if any;
6. Matters concerning a council of delegates, if any;
7. Matters concerning meetings;
8. Matters concerning the representatives and officers;
9. Matters concerning union dues and other accounting;
10. Matters concerning modification of the union bylaws;
11. Matters concerning dissolution;
12. Matters concerning industrial disputes;
13. Matters concerning impeachment of representatives or officers for violation of the bylaws;
14. Matters concerning the procedures for election of officers and delegates; and
15. Matters concerning discipline and control.



Article 12 (Delivery of Certificate of Report)


(1) The Minister of Labor, the Special Metropolitan City Mayor, the Metropolitan City Mayor, and the Do governor (hereinafter referred to as "administrative agencies") shall, upon receiving a report on establishment as referred to in Article 10 (1), deliver a certificate of report within three days, except as provided in the first half of paragraphs (2) and (3) of this Article.
(2) When the administrative agencies deem it necessary that the report of establishment or bylaws of a trade union needs to be supplemented because of any omission, or other reasons, they shall order a supplement thereof under the Presidential Decree, to be supplied within a period not exceeding twenty days. In this case, a certificate of report of establishment shall be issued within three days after receiving the supplemented report or bylaws.
(3) When a trade union which has made a report of establishment falls under any of the following subparagraphs, the administrative agencies shall return the report of establishment they received:

1. When it falls into any of the items of subparagraph 4 of Article 2; and
2. When it fails to supplement a report or bylaws within the specified period, notwithstanding the order of supplement issued pursuant to paragraph (2).
(4) When a trade union is delivered the certificate of report, it shall be construed as having been established at the time when the Minister of Labor received the report of establishment.



Article 13 (Report, etc. of Modifications)


(1) A trade union shall make a report of modifications of contents to administrative agencies within thirty days from the date when a change occurs in any of the matters falling under the following subparagraphs from among the matters reported with respect to establishment pursuant to Article 10 (1):
1. Name;
2. Location of the main office;
3. Name of representatives; and
4. Title of an associated organization to which it belongs.
(2) A trade union shall notify administrative agencies of the matters falling under the following subparagraphs by January 31st of each year: Provided, That this shall not apply to the matters of modified report in the preceding year under paragraph (1):
1. In case there was any modification in bylaws in the previous year, the modified bylaws;
2. In case where an union officer was replaced in the previous year, the name of the replaced union officer; and
3. The number of members (in case of a trade union formed as an associated organization, the number of members in each constituent organization) as of December 31 of the previous year.


SECTION 3 Management of Trade Union



Article 14 (Documents to be Kept, etc.)

(1) A trade union shall prepare the following documents within thirty days after the date of its establishment, and keep them at its main office:
1. Register of union members (in case of a trade union formed as an associated organization, the names of its constituent organizations);
2. Union bylaws;
3. Names and addresses of union officers;
4. Minutes of meetings; and
5. Financial records and documents.
(2) Documents as referred to in paragraph (1) 4 and 5 shall be kept for three years.



Article 15 (Holding of General Meetings)

(1) A trade union shall hold a general meeting at least once a year.
(2) A representative of the trade union shall be the chairman of the general meeting.



Article 16 (Matters Requiring Resolution by the General Meeting)

(1) Matters falling under the following subparagraphs shall require resolutions by the general meetings:
1. The enactment and modification of bylaws;
2. The election and discharge of officers;
3. Collective bargaining;
4. Budgets or settlement of accounts;
5. The establishment, management, or disposal of funds;
6. The establishment and admission of an associated organization, and withdrawal therefrom;
7. Merger, division, or dissolution;
8. Structural changes; and
9. Other important matters.
(2) The general meeting shall make resolutions with the attendance of a majority of all union members and with a concurrent vote of a majority of the members present; Provided that matters concerning the enactment and modification of bylaws; the discharge of union officers; and the merger, division, dissolution and structural change of a trade union shall be resolved with the attendance of a majority of all union members and a concurrent vote of two-thirds majority of the members present.
(3) Notwithstanding the provisions of the main sentence of paragraph (2), in case where in an election of union officers, any candidate does not obtain the consent of a majority of the union members present, the candidate with the highest votes in a run-off election may be elected in accordance with the bylaws.
(4) Matters concerning the enactment or modification of bylaws, and the election and discharge of union officers shall be decided by members by direct, secret, and unsigned ballot.



Article 17 (Council of Delegates)

(1) A trade union may, by its bylaws, establish a council of delegates, which may be substituted for a general meeting.
(2) Delegates shall be elected by members by direct, secret, and unsigned ballot.
(3) The term of office of the delegates shall be determined by the bylaws, but shall not exceed three years.
(4) When a council of delegates exists, the provisions regarding a general meeting shall apply mutatis mutandis to it.



Article 18 (Convocation of Extraordinary General Meetings, etc.)

(1) The representative of a trade union may, if deemed necessary, convene an extraordinary general meeting or an extraordinary council of delegates.
(2) When one-third or more of the union members or delegates (in case of a trade union formed as an associated organization, one-third or more of its constituent organizations) present the matters to be referred to a meeting and require the convocation of the meeting, the representative of a trade union shall, without delay, convene an extraordinary general meeting or an extraordinary council of delegates.
(3) When the representative of a trade union intentionally avoids or neglects the convening of a meeting as provided for in paragraph (2), and then one-third or more of the union members or delegates submits a request for nomination of a person authorized to convene a meeting, the administrative agencies shall request the Labor Relations Commission to make a resolution within fifteen days and shall, upon the resolution of the Commission, nominate a person authorized to convene the meeting, without delay.
(4) When the trade union has no person authorized to convene a general meeting or a council of delegates, if one-third or more of the union members or delegates present the matters to be referred to a meeting and submit a request for the nomination of a person authorized to convene a meeting, the administrative agencies shall nominate that person within fifteen days.



Article 19 (Procedures for Convocation)

At least seven days prior to the commencement date of a meeting or council, a general meeting or council of delegates shall give public notice of the matters to be referred to at the said meeting or council for deliberation, and shall be convened in accordance with the methods as provided in the bylaws of the trade union; provided that in case where the trade union is composed of workers working in the same workplace, the said period of public notification may be reduced in accordance with its bylaws.



Article 20 (Special Provisions Concerning Right to Vote)

When a trade union is to make a resolution on a particular union member, he shall not have the right to vote so far as that resolution is concerned.



Article 21 (Correction of Bylaws and Resolutions or Measures)

(1) If deemed that the bylaws of a trade union conflict with any labor-related Act or subordinate statute, the administrative agencies may, with the resolution of the Labor Relations Commission, order the correction thereof.
(2) If deemed that a resolution or measure by a trade union conflicts with any labor-related Act or subordinate statute, or the union bylaws, the administrative agencies may, with the resolution of the Labor Relations Commission, order the correction thereof; Provided that an order of correction which is issued when a resolution or measure by a trade union conflicts with the bylaws of the union shall be made only by the application of the interested party.
(3) A trade union shall, upon receiving an order of correction pursuant to paragraph (1) or (2), perform it within thirty days; Provided that if a justifiable reason exists, the period may be extended.



Article 22 (Rights and Duties of Union Members)

All union members shall have equal rights and duties to participate in all matters of the trade union; Provided that a trade union may, under its bylaws, restrict the rights of those members who fail to pay union dues.



Article 23 (Election, etc. of Officers)

(1) Officers of a trade union shall be elected from among its members.
(2) The term of office of union officers shall be determined by union bylaws, but shall not exceed three years.



Article 24 (Full-time Officer of Trade Union)

(1) If provided for in a collective agreement or allowed by employers, workers may be engaged exclusively in affairs of the trade union without providing employers with work specified in their employment contracts.
(2) A worker who is engaged exclusively in affairs of the trade union pursuant to paragraph (1) (hereinafter referred to as the "full-time officers") shall not be remunerated in any kind by the employer during the period of the said exclusive engagement.



Article 25 (Auditing of Account Records)

(1) The representative of a trade union shall have an auditor conduct, at least once every six months, an audit of all financial resources of the trade union and their uses, names of major contributors and current financial and accounting status, and shall disclose the results thereof to all union members.
(2) The auditor of a trade union may, at any time if deemed necessary, conduct an audit of the trade union, and disclose the results thereof.



Article 26 (Disclosure of Status of Operation)

The representative of a trade union shall notify the trade union of the results of settlement of accounts and of the status of operation of the trade union every fiscal year, and shall, at the request of any union member, allow him or her to inspect them.



Article 27 (Submission of Information)

A trade union shall, at the request of administrative agencies, make a report on the results of settlement of accounts and the status of operation of the trade union.


SECTION 4 Dissolution of Trade Union



Article 28 (Causes for Dissolution)

(1) A trade union shall be dissolved for any reason described in the following subparagraphs:
1. When there is any cause for dissolution as prescribed by its bylaws;
2. When it is extinguished due to a merger or division;
3. When a general meeting or council of delegates has a resolution to dissolve it; and
4. When it is deemed to have no officers and not to have carried out any activity as a trade union for more than one year, and administrative agencies obtain a resolution of the Labor Relations Commission for its dissolution.
(2) When a trade union is dissolved for any reason as referred to in paragraph (1) 1 through 3, its representative shall make a report on the fact of the dissolution to administrative agencies within fifteen days from the date of the dissolution.



CHAPTER III COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENT



Article 29 (Authority to Bargaining and Making Agreement)

(1) The representative of a trade union shall have the authority to bargain and make a collective agreement with the employer or employers' association for the trade union and its members.
(2) Those persons who are delegated authority to bargain and make a collective agreement from either a trade union, or an employer or employers' association may exercise the authority within the scope of the said delegation for either the trade union, or the employer or employers' association.
(3) When a trade union, or an employer or employers' association delegates the authority to bargain and make a collective agreement pursuant to paragraph (2), they shall notify the other party of the fact of such delegation.



Article 30 (Principles of Bargaining, etc.)

(1) A trade union and an employer or employers' association shall bargain and make a collective agreement with each other in good faith and sincerity and shall not abuse their authority.
(2) A trade union and an employer or employers' association shall not refuse or neglect, without any justifiable reason, to bargain or conclude a collective agreement.



Article 31 (Preparing of Collective Agreement)

(1) A collective agreement shall be prepared in writing, and both of the parties shall affix their signatures and seals thereto.
(2) The parties to a collective agreement shall make a report of the collective agreement to administrative agencies within fifteen days from the date of its conclusion.
(3) When a collective agreement has any unlawful contents, administrative agencies may, by a resolution of the Labor Relations Commission, order them corrected.



Article 32 (Effective Term of Collective Agreement)

(1) No collective agreement shall provide for an effective term exceeding two years.
(2) When the effective term is not specified in a collective agreement or exceeds the period as specified in paragraph (1), it shall be understood to be two years.
(3) When, even though both parties continue to attempt collective bargaining to make a new collective agreement before or after the expiration of the effective term of an existing agreement, they fail to make a new collective agreement, the existing collective agreement shall remain valid for three more months after its expiration, except when a separate agreement exists to the contrary. However, in case where the collective agreement contains a separate provision to the effect that when a new collective agreement is not made in spite of the expiration of the term of an existing collective agreement, the said existing collective agreement shall remain effective until a new collective agreement is made, such a separate provision shall be observed. Any party to the agreement may, however, terminate the existing collective agreement by notifying the other party of such termination six months in advance of the date the party intends to terminate it.



Article 33 (Validity of Standards)

(1) Any part of the rules of employment or a labor contract that violate standards concerning working conditions and other matters concerning the treatment of workers as prescribed in the collective agreement shall be null and void.
(2) Matters not covered in a labor contract and any part which is made null and void under paragraph (1) shall be governed by those standards of the collective agreement.



Article 34 (Interpretation of Collective Agreements)

(1) When there is any disagreement between the parties on the interpretation and the implementation methods of a collective agreement, both of the parties to that collective agreement, or one party thereto as prescribed in the agreement, may ask the Labor Relations Commission for its views on such interpretation and implementation methods.
(2) The Labor Relations Commission shall, upon receiving a request as referred to in paragraph (1), give its clear-cut views within thirty days from the date of receipt of the request.
(3) The views on such interpretation and implementation methods given by the Labor Relations Commission pursuant to paragraph (2), shall have the same effect as that of an arbitration decision.



Article 35 (General Binding Force)

When a collective agreement is made with a majority of workers with the same kind of job employed under ordinary circumstances in a business or workplace, it shall apply to the other workers with the same kind of job employed in the same business or workplace.



Article 36 (Geographical Binding Force)

(1) When two-thirds or more of the workers with the same kind of job employed in an area are subject to one collective agreement, administrative agencies may, by resolution of the Labor Relations Commission, at the request of either of the parties to the collective agreement or ex officio, make a decision that the said collective agreement shall apply to other workers with the same kind of job and their employers engaged in the same area.
(2) When the administrative agencies make a decision as referred to in paragraph (1), they shall give public notice of it without delay.



CHAPTER IV INDUSTRIAL ACTIONS



Article 37 (Basic Principles of Industrial Actions)

(1) Any industrial action shall be consistent with Acts and subordinate statutes or other socially accepted precepts with respect to its purpose, method and procedure.
(2) No member of a trade union shall take part in any industrial action which is not led by the trade union.



Article 38 (Guidance and Responsibility of Trade Unions)

(1) An industrial action shall not be conducted in such a manner that it interferes with entry, work or other normal services by persons who are not related to it or persons who intend to provide work, and violence or threats to appeal for or persuade participation in the industrial action shall not be used.
(2) Any work the purpose of which is to prevent operational equipments from being damaged, or to prevent raw materials or products from being impaired or deteriorated shall be conducted normally during a period of industrial action.
(3) A trade union shall have the responsibility to guide, manage and supervise industrial actions so as to be lawfully conducted.



Article 39 (Restriction on Detention of Workers)

Except for a criminal caught on the spot, workers shall not be detained for any violation of this Act during a period of industrial actions.



Article 40 (Support for Labor Relations)

(1) A trade union and an employer may be supported by persons or organizations falling in any of the following categories with regard to collective bargaining or industrial actions:
1. Industrial associated organizations or a confederation of associated organizations of which the trade union is a member;
2. An employers' association of which the employer is a member;
3. A person about whom administrative agencies have been notified by the trade union or employer concerned to obtain support; or
4. Other persons who have legitimate authority to provide support for the trade union or employer pursuant to any Act and subordinate statute.
(2) Any person other than those referred to in paragraph (1) shall not intervene in, manipulate, or instigate collective bargaining or industrial actions.



Article 41 (Restriction and Prohibition of Industrial Actions)

(1) A trade union shall not conduct industrial actions, unless decided with concurrent votes of a majority of union members by a direct, secret, and unsigned ballot.
(2) From among workers engaged in a major business of the national defense industry designated by the Act on Special Measures for the National Defense Industry, those who are involved in the production of electricity, or water, or in work mainly producing national defense goods shall not conduct industrial actions, and the scope of those who are involved in a work of mainly producing national defense goods shall be determined by the Presidential Decree.



Article 42 (Prohibition of Acts of Violence, etc.)

(1) Industrial actions shall not be conducted with violence, or destruction, or by occupying facilities/ installations related to production or other major work, or other facilities/ installations equivalent thereto as determined by the Presidential Decree.
(2) Industrial actions shall not be conducted to stop, close, or interrupt the normal maintenance and operation of facilities installed to protect the safety of workplaces.
(3) Administrative agencies shall, if they deem that any industrial action falls under any of the cases referred to in paragraph (2), issue an order for suspension of that action, by the resolution of the Labor Relations Commission; Provided that they may issue an order for suspension of that action immediately without waiting for the resolution of the Labor Relations Commission in case of such urgent circumstances that there is not enough time to seek such resolution from the Labor Relations Commission.
(4) In case of the proviso of paragraph (3), the administrative agencies shall, immediately after they have issued such an order, obtain ex post facto approval from the Labor Relations Commission. Otherwise the order shall become ineffective at the moment the said approval is not obtained.



Article 43 (Restriction on Hiring by Employer)

(1) An employer shall not hire or substitute any person not related to the relevant business during a period of industrial action in order to continue work which has been interrupted by the industrial action.
(2) An employer shall not, during a period of industrial action, contract or subcontract for work which has been interrupted by the industrial action.



Article 44 (Prohibition of Demand for Payment of Wages during Periods of Industrial Action)

(1) An employer shall have no obligation to pay wages during a period of industrial action to workers who have not provided labor because of their participation in the industrial action.
(2) A trade union shall not conduct industrial actions in order to demand and secure payment of wages for a period of industrial action.



Article 45 (System Preceding Adjustment)

(1) Upon the occurrence of a labor dispute, one party to the dispute shall notify the other party of it in writing.

(2) Any industrial action shall not be conducted without completing adjustment procedures as referred to in Sections 2 through 4 of Chapter 5; Provided that this shall not apply in cases where adjustment procedures are not completed within the period as provided for in Article 54 or where an arbitration award is not made within the period as provided for in Article 63.



Article 46 (Requirements for Lock-out)

(1) An employer may conduct a lock-out only after the trade union commences an industrial action.
(2) In case of lock-out under paragraph (1), an employer shall report the lock-out, in advance, to administrative agencies and the Labor Relations Commission.



CHAPTER V ADJUSTMENT OF INDUSTRIAL DISPUTES


SECTION 1 Common Provisions



Article 47 (Efforts for Voluntary Adjustment)

No provisions of this Chapter shall prevent the parties to labor disputes from deciding matters as to working conditions and other labor-related matters through labor-management consultation, by collective bargaining, from adjusting disagreements between both parties or making every effort for such adjustment.



Article 48 (Obligations of Parties)

The parties to labor disputes shall make efforts to stipulate in their collective agreement procedures and methods for labor-management consultation and other collective bargaining measures to maintain reasonable labor relations, and shall make efforts to voluntarily resolve labor disputes, if at all possible.



Article 49 (Duties of State, etc.)

The State and local governments shall, when there is any disagreement on labor related matters between the parties concerned, prevent industrial actions, if possible, by helping them voluntarily adjusting such disagreement and shall make every effort to promptly and fairly resolve industrial disputes, if they occur.



Article 50 (Prompt Settlement)

The parties to labor relations, the Labor Relations Commission, and other relevant agencies shall make efforts to promptly settle disputes, when they are engaged in adjustment of labor relations pursuant to this Act.



Article 51 (Priority Given to Public-service Businesses)

Adjustment of industrial disputes related to the State, local governments, state or local government-run enterprises, national defense businesses, or public-service businesses shall be treated with priority and promptly.



Article 52 (Private Mediation and Arbitration)

(1) The provisions of Sections 2 and 3 shall not prevent the parties to industrial relations from resolving industrial disputes through any other method of mediation or arbitration not falling under said Sections in accordance with mutual agreements or collective agreements.
(2) When the parties to a labor dispute decide to resolve the dispute pursuant to paragraph (1), they shall notify the Labor Relations Commission of this fact.
(3) When the parties to a labor dispute decide to resolve the dispute pursuant to paragraph (1), the provisions of the following subparagraphs shall apply:

1. Articles 45 (2) and 54, if resolving a labor dispute through mediation. In this case, the period of mediation shall begin from the date when that mediation commences; and

2. Article 63, if resolving a labor dispute through arbitration. In this case, the prohibition period of industrial disputes shall begin from the date when that arbitration commences.
(4) When mediation or arbitration is conducted pursuant to paragraph (1), the results of the mediation or arbitration shall have the same effect as that of a collective agreement.


SECTION 2 Mediation



Article 53 (Commencement of Mediation)

The Labor Relations Commission shall commence mediation without delay when any one of the parties concerned submits a request for mediation of a labor dispute to said commission, and the parties shall undertake the proceedings of mediation with good faith.



Article 54 (Period of Mediation)


(1) Mediation shall be completed within ten days in case of a general business, or within fifteen days in case of a public-service business, after a request for mediation as referred to in Article 53 is made.
(2) The period of mediation as referred to in paragraph (1) may be extended for not more than ten days in case of a general business, or not more than fifteen days for a public-service business.



Article 55 (Composition of Mediation Committees)

(1) A mediation committee shall be installed in the Labor Relations Commission for the mediation of labor disputes.
(2) A mediation committee as referred to in paragraph (1) shall be composed of three members.
(3) Mediation committee members as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from among the members of the Labor Relations Commission concerned so that each member may represent employers, workers, and the public interest. The member representing workers shall be nominated from among the commission members recommended by the employer, and the member representing the employer shall be nominated from among the commission members recommended by the trade union; Provided that when any party fails to present a list of members 3 days prior to the meeting of the mediation committee, the chairman of the Labor Relations Commission may nominate the members in question on his own.



Article 56 (Chairmen of Mediation Committees)

(1) A mediation committee shall have one chairman.
(2) The mediation committee member representing the public interest shall be the chairman.



Article 57 (Mediation by Single Mediator)

(1) The Labor Relations Commission may, at the request of both parties or with their agreement, authorize a single mediator to conduct mediation proceedings in place of the mediation committee.
(2) The single mediator under paragraph (1) shall be nominated by the chairman of the Labor Relations Commission concerned from among those commission members as agreed by both of the parties concerned.



Article 58 (Confirmation, etc. of Claims)

The mediation committee or the single mediator shall demand both parties to attend a meeting with a fixed date so as to confirm the main points of their respective claims.



Article 59 (Prohibition of Attendance)

The chairman of the mediation committee or the single mediator may prohibit those persons other than the parties concerned from attending meetings.



Article 60 (Preparation of Mediation Proposal)

(1) The mediation committee or the single mediator may prepare a mediation proposal, present it to the parties concerned, recommend them to accept it and simultaneously publicly announce it with an explanation, and may, if necessary, request the cooperation of the press or broadcasting companies to inform the public of the proposal.
(2) When it is deemed that there is no reason for further continuance of mediation proceedings because the parties concerned refuse to accept the mediation proposal, the mediation committee or the single mediator shall decide to terminate mediation proceedings and shall notify the parties concerned of the fact.
(3) When, after the mediation proposal as referred to in paragraph (1) has been accepted by both parties concerned, there is any disagreement between them in interpreting it or acting upon it, the parties concerned shall request the mediation committee or the relevant single mediator to provide clarification as to its interpretation or performance.
(4) The mediation committee or the single mediator shall, upon receiving the request referred to in paragraph (3), provide them with a clear-cut opinion within seven days after the date of receipt of that request.
(5) The parties concerned shall not conduct any industrial action in connection with the interpretation or performance of the mediation proposal concerned, until the views of the mediation committee or single mediator on the interpretation or performance methods as referred to in paragraph (3) and (4) are presented.



Article 61 (Effect of Mediation)


(1) When the mediation proposal referred to in Article 60 (1) is accepted by the parties concerned, all the members of the mediation committee or the single mediator shall prepare a mediated agreement and shall affix sign and seal on it together with the parties concerned.
(2) The contents of the mediated agreement shall have the same effect as that of a collective agreement.

(3) Views on the interpretation or performance methods presented by the mediation committee or the single mediator pursuant to Article 60 (4) shall have the same effect as that of an arbitration award.


SECTION 3 Arbitration



Article 62 (Commencement of Arbitration)

The Labor Relations Commission shall conduct arbitration proceedings in the case falling under any of the following subparagraphs:
1. When both of the parties concerned has requested arbitration;
2. When any one of the parties concerned has requested arbitration in accordance with the provisions of a collective agreement; and

3. When the chairman of the Labor Relations Commission decides to refer a dispute in an essential public-service business as referred to in Article 71 (2) to arbitration, upon the recommendation of the special mediation committee.



Article 63 (Prohibition of Industrial Actions during a Period of Arbitration)

Industrial actions shall not be conducted for fifteen days from the date when a labor dispute is referred to arbitration.



Article 64 (Composition of Arbitration Committees)

(1) The arbitration committee shall be established within the Labor Relations Commission for the arbitration or review of labor disputes.
(2) The arbitration committee as referred to in paragraph (1) shall be composed of three members.
(3) Those chosen through agreement by the parties concerned from among members of the Labor Relations Commission representing the public interest shall be nominated as arbitration committee members as referred to in paragraph (2) by the chairman of the Labor Relations Commission, provided that in case where the parties concerned fail to reach an agreement, the chairman of the Labor Relations Commission shall nominate the arbitrators from among the members representing the public interest of the said commission.



Article 65 (Chairmen of Arbitration Committees)

(1) An arbitration committee shall have one chairman.
(2) The chairman of an arbitration committee shall be elected from among its members.



Article 66 (Confirmation, etc. of Claims)

(1) An arbitration committee shall demand one or both of the parties to attend an arbitration committee meeting at a specified date so as to confirm the main points of their respective claims.
(2) Those who are nominated by the parties concerned from among members representing the employer or members representing workers of the Labor Relations Commission, may state their opinions at meetings of the arbitration committee with consent of that committee.



Article 67 (Prohibition of Attendance)

The chairman of the arbitration committee may prohibit those persons other than the parties concerned and relevant witnesses from attending its meetings.



Article 68 (Finality Award)

(1) An arbitration award shall be made in writing with the effective date specified.
(2) When there is any discrepancy in the opinions of the parties concerned in regard to the interpretation or performance procedures of the arbitration award as referred to in paragraph (1), the interpretation of the arbitration committee concerned shall prevail and have the same effect as that of an arbitration award.



Article 69 (Finalization of Arbitration Award, etc.)

(1) When the parties concerned consider that an arbitration award rendered by a Regional Labor Relations Commission or a Special Labor Relations Commission is inconsistent with any Act or subordinate statute or ultra vires, they may apply for review of the arbitration award to the Central Labor Relations Commission within ten days from the date of receipt of the award of arbitration.

(2) When the parties concerned consider that an arbitration award rendered by the Central Labor Relations Commission or its decision on review referred to in paragraph (1) is inconsistent with any Act or subordinate statute or ultra vires, they may, notwithstanding the provisions of Article 20 of the Administrative Litigation Act, institute an administrative suit against the Central Labor Relations Commission within fifteen days from the date of receipt of the award of arbitration or the decision on review.
(3) When the parties concerned neither apply for review nor institute an administrative suit within the period under paragraphs (1) and (2), the arbitration award or the decision on review originally rendered by the Labor Relations Commission concerned shall be final and decisive.
(4) When the arbitration award or the decision on review has been final and decisive, the parties concerned shall comply therewith.



Article 70 (Effect of Arbitration Award, etc.)


(1) The effect of an arbitration award or a decision on review rendered by the Labor Relations Commission shall not be suspended either by an application for review to the Central Labor Relations Commission or by institution of an administrative suit as referred to in Article 69 (1) or (2).

(2) The contents of an arbitration award or a decision on review which is final and decisive pursuant to Article 69 (3) shall have the same effect as that of a collective agreement.


SECTION 4 Special Provisions for Adjustment in Public-service Businesses, etc.



Article 71 (Scope, etc. of Public-service Businesses)

(1) For the purpose of this Act, the term "public-service businesses" refers to businesses falling in any of the following categories, all of which are closely related to the daily life of the public at large or have enormous effect on the economy of a nation:
1. Regular line public transportation businesses;
2. Water, electricity, gas, oil refining, and oil supply businesses;
3. Public health and medical care businesses;
4. Banking and mint businesses; and
5. Broadcasting and telecommunications businesses.
(2) For the purpose of this Act, the term "essential public-service businesses" refers to the following public-service businesses as referred to under paragraph (1) whose interruption or discontinuation would cause conspicuous threats to the daily life of the public at large or the national economy, and whose replacement would not be easy:
1. Railway (including inter-city railway services) and inner-city bus service (limited to Seoul Special Metropolitan City and Metropolitan Cities) businesses;
2. Water, electricity, gas, oil refining, and oil supply businesses;
3. Hospital businesses;
4. Banking businesses; and
5. Telecommunications businesses.



Article 72 (Organization of Special Arbitration Committees)

(1) A special arbitration committee shall be established within the Labor Relations Commission for the arbitration of labor disputes in public-service businesses.
(2) The special arbitration committee as referred to in paragraph (1) shall be composed of three special members.
(3) The members of the special arbitration committee as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from 3 to 5 commission members representing the public interest, who remain after the trade union and the employer, by turns, have excluded eligible members one by one, provided that in case where the parties concerned recommend those who are not members of the Labor Relations Commission by agreement, the chairman of the Labor Relations Commission shall nominate those recommended non-members as special members.



Article 73 (Chairmen of Special Arbitration Committees)

(1) There shall be a chairman in a special arbitration committee.
(2) The chairman of the special arbitration committee shall be elected from among the members of the special arbitration committee who are members of the Labor Relations Commission representing the public interest, and when the committee is composed of non-commission persons alone, the chairman of the special committee shall be elected from among those persons; Provided that in case where only one member of the special arbitration committee is a member of the Labor Relations Commission representing the public interest, at person shall be the chairman.



Article 74 (Recommendation of Referral to Arbitration)

(1) If deemed that mediation is unlikely to proceed in connection with an essential public- service business, the special arbitration committee may recommend, in the form of a decision, the Labor Relations Commission to refer said dispute to arbitration.

(2) Recommendation as referred to in paragraph (1) shall be made prior to the expiration of the mediation period referred to in Article 54.



Article 75 (Decision as to Referral to Arbitration)


The chairman of the Labor Relations Commission shall, upon receiving a recommendation as prescribed in Article 74 (1), determine, in consultation with members representing the public interest, whether or not to refer the relevant case to arbitration.


SECTION 5 Emergency Adjustment



Article 76 (Decision of Emergency Adjustment)

(1) The Minister of Labor may make a decision to conduct an emergency adjustment of any industrial action, in case where it is related to a public-service business or is likely to impair the national economy or endanger the daily life of the general public because of the vast extent and specific character of its effects.
(2) When the Minister of Labor intends to make a decision to conduct an emergency adjustment, he shall hear the opinion of the chairman of the Central Labor Relations Commission in advance.
(3) When the Minister of Labor has made a decision to conduct an emergency adjustment pursuant to paragraphs (1) and (2), he shall, without delay, publicly announce his decision with the reasons specified and shall simultaneously notify the Central Labor Relations Commission and the parties concerned of such fact.



Article 77 (Suspension of Industrial Actions During Emergency Adjustment)


When a decision to conduct an emergency adjustment as prescribed in Article 76 (3) is publicly announced, the parties concerned shall immediately suspend any industrial action, and no industrial action shall resume until thirty days have passed from the announcement date of that decision.



Article 78 (Mediation by Central Labor Relations Commission)


The Central Labor Relations Commission shall, without delay, commence mediation procedures when the commission has been notified pursuant to Article 76 (3).



Article 79 (Central Labor Relations Commission's Authority to Refer Disputes to Arbitration)


(1) If deemed that mediation as referred to in Article 78 is unlikely to proceed, the chairman of the Central Labor Relations Commission shall, upon hearing the opinions of its members representing the public interest, decide whether or not to refer the case in question to arbitration.

(2) A decision as referred to in paragraph (1) shall be made within fifteen days from the date when it has been notified pursuant to Article 76 (3).



Article 80 (Arbitration by the Central Labor Relations Commission)


The Central Labor Relations Commission shall conduct arbitration, without delay, if one or both of the parties concerned request it, or if the commission has decided to refer the case to arbitration pursuant to Article 79.



CHAPTER VI UNFAIR LABOR PRACTICES



Article 81 (Unfair Labor Practices)

Employers shall not conduct any act falling in any of the following categories (hereinafter referred to as an "unfair labor practice"):
1. Dismissal or unfavorable treatment of a worker on grounds that he has joined or intends to join a trade union, or has attempted to organize a trade union, or has performed any other lawful act for the operation of a trade union;
2. Employment of a worker on the condition that he should not join or should withdraw from a trade union, or on the condition that he should join a particular trade union, provided that in case where a trade union represents two-thirds or more of the workers working in the workplace concerned, a collective agreement under which a person who is employed on condition that he should join the trade union shall be allowed as an exceptional case. In this case, no employer shall act against the a worker on the grounds that the worker is excluded from the trade union concerned;
3. Refusal or delay of the execution of a collective agreement or other collective bargaining, without justifiable reason, with the representative of a trade union or with a person authorized by the trade union;
4. Domination of or interference in the organization or operation of a trade union by workers, and the payment of wages to the full-time officer of a trade union or financial support for the operation of a trade union; Provided that it may be justified when the employer allows workers to consult or bargain with him during working hours, and it shall be allowed as an exception that the employer contribute funds for the welfare of workers, or for prevention and relief of economic misfortunes or other disasters, or that the employer provide a trade union with an office of a minimum size; and

5. Dismissal of workers or acts against their interests on the ground that they have participated in justifiable collective activities, or that they reported to or testified before the Labor Relations Commission that the employer has violated the provisions of this Article, or that they have presented other evidences to the relevant administrative agencies.



Article 82 (Application for Remedy)

(1) A worker or trade union may make an application for remedy to the Labor Relations Commission concerned on the grounds that his rights have been infringed by unfair labor practices on the part of the employer.
(2) Application for remedy as referred to in paragraph (1) shall be made within three months from the date of occurrence of the unfair labor practice concerned (in case where any such practice is in progress, from the date of its termination).



Article 83 (Investigation, etc.)


(1) Upon receiving the application for remedy as referred to in Article 82, the Labor Relations Commission concerned shall conduct a necessary investigation and inquiry of the persons involved without delay.
(2) When conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission may, at the request of any one of the parties concerned or ex officio, have a relevant witness appear before the Labor Relations Commission and ask questions on the pertinent matters.
(3) In conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission shall give the parties concerned adequate opportunities to present evidence and to cross- examine witnesses.
(4) Procedures pertaining to the investigation and inquiry by the Labor Relations Commission as referred to in paragraph (1) shall be followed as separately stipulated by the Central Labor Relations Commission.



Article 84 (Order of Remedy)


(1) In case of judgment that the employer has engaged in an unfair labor practice after completing the inquiry as referred to in Article 83, the Labor Relations Commission shall issue an order of remedy to the employer, or otherwise shall make a decision to dismiss the application for remedy.
(2) Judgments, orders, or decisions as referred to in paragraph (1) shall be made in writing, and shall be delivered to the pertinent employer and applicant, respectively.
(3) When the order as referred to in paragraph (1) is issued, the parties concerned shall comply with it.



Article 85 (Finality of Order of Remedy)

(1) When any of the parties challenges an order of remedy or dismissal decision by the Regional Labor Relations Commission or by the Special Labor Relations Commission, the party may make an application for review of said order or decision to the Central Labor Relations Commission within ten days from the date of receiving the notice of order or decision.
(2) Any of the parties concerned may instigate an administrative suit in accordance with the Administrative Litigation Act, against a decision on review made by the Central Labor Relations Commission under paragraph (1) within fifteen days from the date of receiving the notice of the decision on review.
(3) Unless an application for review or an administrative suit has been made within the period specified in paragraphs (1) and (2), the order of remedy, dismissal decision, or decision on review shall be final and decisive.
(4) When a dismissal decision or decision on review as referred to in paragraph (3) is final and decisive, the parties concerned shall comply with it.
(5) When an employer has instigated an administrative suit pursuant to paragraph (2), the competent court may, by its decision at the request of the Central Labor Relations Commission, order the employer to perform all or part of the order of remedy made by the Central Labor Relations Commission until the judgment of the court is rendered, and may also, at the request of any of the parties concerned or ex officio, revoke such decision.



Article 86 (Effect of Order of Remedy, etc.)


The effect of an order of remedy, dismissal decision, or decision on review made by the Labor Relations Commission shall not be suspended by an application for review to the Central Labor Relations Commission or by the instigation of an administrative suit as prescribed in Article 85.



CHAPTER VII SUPPLEMENTARY PROVISIONS



Article 87 (Delegation of Authority)

The Minister of Labor may delegate part of his authority under this Act to the chief of regional labor authorities in accordance with the Presidential Decree.



CHAPTER VIII PENAL PROVISIONS



Article 88 (Penal Provisions)


A person who violates Article 41 (2) shall be punished by imprisonment for not more than five years or by a fine not exceeding fifty million won.



Article 89 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding thirty million won:

1. A person who violates Articles 37 (2), 38 (1), 40 (2), or 42 (1); and

2. A person who violates the order of remedy which has been finalized pursuant to Article 85 (3) or by an administrative litigation.



Article 90 (Penal Provisions)


A person who violates Articles 44 (2), 69 (4), 77 or 81 shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won.



Article 91 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:

1. A person who violates Articles 38 (2), 41 (1), 42 (2), 43, the main sentence of Article 45 (2), 46 (1) or 63; and

2. A person who violates an order under Article 42 (3).



Article 92 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding ten million won:

1. A person who violates the matters falling under any of the following items from among the contents of a collective agreement concluded pursuant to Article 31 (1):
(a) Matters on wages, welfare costs and retirement allowances;
(b) Matters on working and resting hours, holidays and vacations;
(c) Matters on causes for disciplines and dismissals and important procedures;
(d) Matters on safety, health and disaster relief;
(e) Matters on provision of facilities and conveniences and participation in meetings during on-duty hours; and
(f) Matters on industrial actions; and

2. A person who fails to comply with the contents of a mediation proposal as referred to in Article 61 (1) or an arbitration award as referred to in Article 68 (1).



Article 93 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:

1. A person who violates Article 7 (3); and

2. A person who violates an order as referred to in Article 21 (1) and (2), or 31 (3).



Article 94 (Joint Penal Provisions)


When the representative of a juristic person or association, or an agent, servant, or any other employee of a juristic person, association, or individual commits an action in violation of Articles 88 through 93 with respect to the business of the juristic person, association or individual, a fine as prescribed in each of the pertinent Articles shall be imposed on the juristic person, association or individual, in addition to the punishment of the actual offenders.



Article 95 (Fine for Negligence)


Any person who violates an order issued by the court as referred to in Article 85 (5) shall be punished by a fine for negligence not exceeding five million won. (In case where the order is a performance order, fine for negligence will be issued equivalent to the amount calculated by multiplying a rate of not more than five hundred thousand won by the number of the days during which the order has not be complied with.)



Article 96 (Fine for Negligence)

(1) A person who falls in any of the following categories shall be punished by a fine for negligence not exceeding five million won:

1. A person who fails to prepare or keep the documents referred to in Article 14;

2. A person who fails to make a report as referred to in Article 27 or makes a false report; and

3. A person who fails to make a report as referred to in Article 46 (2).

(2) Any person who fails to made a report or notification as referred to in Article 13, 28 (2), or 31 (2) shall be punished by a fine for negligence not exceeding three million won.
(3) A fine for negligence referred to in paragraphs (1) and (2) above shall be imposed and collected by administrative agencies pursuant to the Presidential Decree.
(4) A person who wishes to challenge the imposition of a fine for negligence as referred to in paragraph (3) may file a complaint to administrative agencies within thirty days from the notice date of the fine for negligence.
(5) When a person subject to a fine for negligence as referred to in paragraph (3) has file a complaint pursuant to paragraph (4), administrative agencies shall, without delay, notify the competent court of such a complaint, which shall, in turn, adjudicate on the case of fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act.
(6) If a complaint is not filed within the period specified in paragraph (4), nor is the fine for negligence paid, such fine shall be collected pursuant to the example of the disposition on national taxes in arrears.


ADDENDA



Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.



Article 2 (Deadline of Application)


The provisions of Article 71 (2) 1 regarding inner-city bus business and the provision of subparagraph 4 of the same Article regarding the banking business (excluding the Bank of Korea as prescribed by the Bank of Korea Act) shall be effective until December 31, 2000.



Article 3 (Transitional Measure concerning Trade Union)

A trade union which has been issued a certificate of formation pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been formed pursuant to this Act.



Article 4 (Transitional Measure concerning Dismissed Workers)


Workers who is claiming against the effect of dismissal at the time this Act enters into force shall not be construed as non-workers, notwithstanding the proviso of subparagraph 4 (d) of Article 2.



Article 5 (Transitional Measures concerning Formation of Trade Union)


(1) When a trade union exists in a business or workplace, a new trade union which has the same organizational jurisdiction as the existing trade union shall not be formed until December 31, 2006, notwithstanding the provisions of Article 5.
(2) When a trade union whose formation is intended conflicts with paragraph (1), the administrative agencies shall return an application for formation of the trade union.
(3) The Minister of Labor shall introduce methods, procedures and other necessary matters for collective bargaining to establish a single bargaining channel by December 31, 2006, which is to be applied after the expiration date of the period as prescribed in paragraph (1).



Article 6 (Exceptions to Full-Time Officers of Trade Union)


(1) The provisions of Articles 24 (2) and Article 81 (4) (limited to the provisions concerning wages payment for the full-time officers of a trade union) shall not apply until December 31, 2006.
(2) A trade union and employer shall make an effort to gradually reduce the portion of the wages for full-time officers based on the consultation between labor and management, but in this case the reduced portion shall be used for the financial self-support of the trade union.



Article 7 (Transitional Measure concerning Effect of Collective Agreement)

The collective agreement concluded pursuant to the previous provisions at the time this Act enters into force, shall be regarded as to have been pursuant to the Act.



Article 8 (Transitional Measure concerning Adjustment of Labor Disputes)

(1) An application for private mediation or arbitration filed pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been filed for private mediation or arbitration under this Act.

(2) An application for mediation or arbitration filed to the Labor Relations Commission pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been filed for mediation or arbitration under the Act. In this case, the period of mediation shall be calculated in accordance with the previous provisions, notwithstanding the provisions of Article 54.

(3) Industrial disputes which is resolved by mediation pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been through mediation procedures in application of the provisions of Article 45.



Article 9 (Transitional Measure concerning Affairs of Trade Union, etc.)

(1) Reports, applications or requests which have been made to the Minister of Labor, the competent administrative agency, or the Labor Relations Commission by workers, trade union, or the employer pursuant to the previous provisions at the time this Act enters into force shall be regarded to have been made pursuant to this Act.
(2) Requests made to the Labor Relations Commission by the Minister of Labor or the competent administrative agency pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been made pursuant to this Act.
(3) Orders, nominations, or decisions made by the Minister of Labor or the competent administrative agency pursuant to the previous provisions at the time this Act enters into force, shall be regarded to have been made pursuant to the Act.



Article 10 (Transitional Measure concerning Penal Provisions)

Application of the penal provisions to any actions made before this Act enters into force, shall be subject to the previous provisions.



Article 11 (Relationships with Other Acts)

Reference in other Acts and subordinate statutes to the previous Trade Union and Labor Relations Adjustment Act or any of its provisions shall be construed as reference to this Act or the corresponding provisions of this Act, if any.


ADDENDA <Act No. 5511, Feb. 20, 1998>



Article 1 (Enforcement Date)

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



Article 2 (Transitional Measure concerning Unilateral Termination)


In case of the unilateral termination of a collective agreement pursuant to the previous provision of Article 32 (3) at the time when this Act enters into force, the previous provision shall apply.



Article 3 (Transitional Measure concerning Change of Authority)

(1) In case of administrative acts by the Minister of Labor such as delivering of certificate of complete report, ordering, or other conducts pursuant to the previous provision at the time when this Act enters into force (limited to matters concerning trade unions except trade unions in the form of an associated organization and a unit trade union extending over 2 or more of Special Metropolitan City, Metropolitan Cities, or Dos), the administrative acts are deemed acts by the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do governor.
(2) In case of acts done to the Minister of Labor such as reporting, applying, or other acts pursuant to the previous provision before this Act enters into force (limited to matters concerning trade unions, except trade unions in the form of an associated organization and a unit trade union extending over 2 or more of Special Metropolitan City, Metropolitan Cities, and Dos), the acts are deemed those by the Special Metropolitan City Mayor, Metropolitan City Mayor, and Do governor.


ADDENDA <Act No. 6456, Mar. 28, 2001>



(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 shall enter into force six months after the date of its promulgation.
(2) Omitted.

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