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ACT ON THE ESTABLISHMENT AND OPERATION, ETC., OF PUBLIC OFFICIALS' TRADE UNIONS

ACT ON THE ESTABLISHMENT AND OPERATION, ETC., OF PUBLIC OFFICIALS' TRADE UNIONS

Act No. 7380, Jan. 27, 2005

Amended by Act No. 8852, Feb. 29, 2008

Article 1 (Purpose)

The purpose of this Act is to stipulate matters concerning the establishment and operation, etc. of public officials' trade unions in accordance with the proviso of Article 5 of the Trade Union and Labor Relations Adjustment Act in order to guarantee public officials' basic labor rights prescribed in Article 33 (2) of the Constitution.

Article 2 (Definition)

The term "public official" in this act refers to a public official prescribed in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act : Provided that public officials engaged in actual labor prescribed in the proviso of Article 66 (1) of the State Public Officials Act and the proviso of Article 58 (1) of the Local Public Officials Act and teachers subject to the Act on the Establishment and Operation, etc. of Trade Unions for Teachers shall be excluded from this. Article 3 (Guarantee and Limitation of Trade Union Activities) (1) Article 66 (1) of the State Public Officials Act and Article 58 (1) of the Local Public Officials Act shall not be applied to the organization of and joining in a public officials' trade union (hereinafter referred to as "trade union") under this Act and justifiable activities related to the trade union. (2) Public officials shall not commit an act in contravention of the duties of public officials prescribed in other laws when they engage in trade union activities.

Article 4 (Prohibition of Political Activities)

A trade union and its members shall not engage in political activities.

Article 5 (Establishment of Trade Union)

(1) If public officials intend to establish a trade union, its minimum organizing unit shall be the National Assembly, the Court, the Constitutional Court, the National Election Commission, the Administration, special metropolitan cities, metropolitan cities, - 126 -

provinces, si, gun, gu (referring to autonomous areas), and the education office of each special metropolitan city, metropolitan city and province.

(2) A person who wants to establish a trade union shall submit a union establishment report to the minister of labor. Article 6 (Scope of Public Officials Eligible for Union Membership) (1) The scope of public officials eligible to join a trade union is described in the following subparagraphs:

1. General public officials of grade six or below, and general public officials equivalent thereof and engaging in research or special skill jobs;

2. Special public officials who are equivalent to general public officials of grade six or below and engage in administrating foreign affairs and managing diplomatic information;

3. Technical public officials;

4. Specific public officials and contract public officials equivalent to general public officials of grade six or below; and

5. Temporary public officials. (2) Notwithstanding the provisions of paragraph (1), public officials falling under any of the following subparagraphs shall not join a trade union:

1. Public officials who exercise the right to direct and supervise other public officials or engage in generally managing other public officials' affairs;

2. Public officials, such as those performing jobs related to personnel and remuneration, who stand in the position of administrative agencies in relations to a trade union;

3. Public officials who engage in correction, investigation and other similar jobs; and

4. Public officials whose main jobs, such as mediating and inspecting labor relations, are considered incompatible with their status as union members.

(3) If a public official is removed, dismissed or discharged from his/her job and makes an application to remedy the unfair labor practice pursuant to Article 82 (1) of the Trade Union and Labor Relations Adjustment Act, he/she shall not be seen as losing his/her status as a union member until the National Labor Relations Commission renders a decision to reexamine his/her case.

(4) The scope of the public officials prescribed in paragraph (2) shall be prescribed by the Presidential Decree. Article 7 (Status of Full-time Union Officials)

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(1) A public official may be engaged solely in trade union affairs with the consent of the appointer.

(2) A public official (hereinafter referred to as "full-time union official") who is engaged solely in trade union affairs after obtaining the consent as prescribed in paragraph (1) shall be ordered to take leave of absence during that period pursuant to Article 71 of the State Public Officials Act or Article 63 of the Local Public Officials Act.

(3) The state and local governments shall not pay wages to a full-time union official during his/her tenure as a full-time union official.

(4) The state and local governments shall not give any unfavorable treatment to a public official in promotion and other status-related matters on the grounds of his/her position as a full-time union official.

Article 8 (Right to Bargain and Conclude Collective Agreements, etc.)

(1) The representative of a trade union shall have the authority to bargain and conclude collective agreements on matters concerning the trade union or its members' wages, welfare and other working conditions with a person (hereinafter referred to as "the government's negotiating representative") who is the Secretary General of the National Assembly, the Director of the Court, the Secretary General of the Constitutional Court, the Secretary General of the National Election Commission, the Minister of Public Administration and Security (representing the administration), the head of a special metropolitan city, metropolitan city, province, si, gun and gu(referring to the head of an autonomous area) or the superintendent of the education office of a special metropolitan city, metropolitan city and province : Provided that matters concerning policy decisions the State or local governments are authorized to make by laws, etc. and matters concerning the management and operation of the organization, such as exercising the right to appointment, but not directly related to working conditions shall not be subject to the bargaining. (2) If a trade union demands negotiations over matters which the government is authorized by laws, etc. to manage or decide on its own, the government's negotiating representative shall accept this as long as there is no justifiable reason. (3) The government's negotiating representative may, if necessary for efficient negotiation, conduct negotiations jointly with the government's other negotiating representatives or delegate the authority to negotiate and conclude collective agreements to - 128 -

the government's other negotiating representatives. (4) The government's negotiating representative may, if necessary for efficient negotiation, have the head of a related organization other than the government's negotiating representative take part in negotiations and concerning matters which heads of other organizations are authorized to manage and decide, delegate the authority to negotiate and conclude collective agreements to the heads of other organizations.

(5) The government's negotiating representative or heads of other organizations may, if conducting collective negotiations pursuant to Articles 2 through 4, have their public officials conduct negotiations and conclude collective agreements on behalf of them.

Article 9 (Bargaining Procedures)

(1) A trade union shall organize a negotiating group composed of its representative and members to conduct collective negotiations as prescribed in Article 8.

(2) If the representative of a trade union intends to negotiate with the government's negotiating representative pursuant to Article 8, he/she shall demand negotiations in writing to the government's negotiating representative who has authority over the matters he/she intends to negotiate.

(3) If the government's negotiating representative receives a demand for negotiations from a trade union pursuant to paragraph (2), he/she shall publicly notify the fact that he/she has received the demand for negotiations to ensure that the related trade union can take part in the negotiations. (4) If there are two or more trade unions that demand negotiations pursuant to paragraphs (2) and (3), the government's negotiating representative may request the trade unions concerned to unify their bargaining channels. In this case, he/she may refuse to negotiate until the bargaining channels are unified. (5) The government's negotiating representative which has signed a collective agreement with a relevant trade union pursuant to paragraphs (1) through (4) may refuse to negotiate during the effective period of the agreement, even in case a trade union which did not participate in the signing of the collective agreement demands negotiations.

(6) Necessary matters concerning collective bargaining procedures, etc. under paragraphs (1) through (5) shall be prescribed by the Presidential Decree.

Article 10 (Effect of Collective Agreement)

(1) In collective agreements concluded pursuant to Article 9, - 129 -

provisions stipulated by laws, bylaws or budgets and provisions stipulated by the authority delegated by laws or bylaws shall not have the effect of collective agreements.

(2) With regard to the provisions that do not have the effect of collective agreements pursuant to paragraph (1), the government's negotiating representative shall make efforts in good faith to implement the provisions.

Article 11 (Prohibition of Industrial Action)

A trade union and its members shall not take any action, including strikes, work slowdowns and other activities undermining normal business operation.

Article 12 (Application for Mediation, etc.)

(1) If collective negotiations under Article 8 break down, either or both of the parties concerned may apply for mediation to the National Labor Relations Commission (hereinafter referred to as "National Labor Relations Commission") prescribed in Article 2 of the Labor Relations Commission Act.

(2) If either or both of the parties apply for mediation pursuant to paragraph (1), the National Labor Relations Commission shall commence mediation without delay. In this case, the both parties shall participate in mediation in good faith.

(3) The National Labor Relations Commission may prepare a mediation proposal, present the proposal to the parties concerned, and recommend them to accept the proposal while at the same time publicly announcing the mediation proposal along with its reasons. In this case, the Commission may, if necessary, ask newspapers or broadcasters for their cooperation in reporting, etc.

(4) The mediation shall be terminated within 30 days of the date of application for mediation prescribed in paragraph (1) : Provided that the mediation may be extended for a period not exceeding 30 days if the parties concerned agree. Article 13 (Commencement of Arbitration, etc.)

The National Labor Relations Commission shall conduct arbitration without delay in the case falling under any of the following subparagraphs :

1. In case the both parties concerned apply for arbitration after the collective negotiation under Article 8 breaks down; and

2. In case a dispute is not resolved through the mediation under Article 12 and a decision is made to refer the dispute to arbitration at a plenary meeting of the Labor Relations Adjustment Commission for Public Officials - 130 -

under Article 14.

Article 14 (Composition of Labor Relations Adjustment Commission for Public Officials)

(1) The Labor Relations Adjustment Commission for Public Officials (hereinafter referred to as "Commission") shall be established within the National Labor Relations Commission to mediate and arbitrate a dispute when the collective negotiation under Article 8 breaks down.

(2) The Commission shall be composed of less than seven public interest members dedicated to mediating and arbitrating labor relations for public officials.

(3) Notwithstanding the provisions of Articles 6 and 8 of the Labor Relations Commission Act, public interest members prescribed in paragraph (2) shall be appointed by the President after being recommended by the Chairman of the National Labor Relations Commission and nominated by the Minister of Labor from among those who have knowledge and experiences of public officials-related issues or labor issues or those who have a good social reputation.

(4) If public interest members are appointed pursuant to paragraph (3), the total number of the public interest members concerned shall be considered to be allotted separately notwithstanding the provisions of Article 6 (2) of the Labor Relations Commission Act.

Article 15 (Operation of Meeting)

(1) The Commission shall have a plenary meeting and a sub-committee.

(2) The plenary meeting shall be composed of all of the public interest members under Article 14 (2) and responsible for the following matters :

1. Mediating labor disputes occurring across the nation;

2. Deciding whether to refer a dispute to arbitration; and

3. Rendering arbitration awards (3) The sub-committee shall be composed of three members designated by the Chairman of the Commission in consultation with the Chairman of the National Labor Relations Commission and responsible for mediation cases not handled by the plenary meeting.

Article 16 (Confirmation of Arbitration Awards, etc.) (1) If a related party considers that an arbitration award rendered by the National Labor Relations Commission violates laws or is beyond its authority, the party may file an administrative lawsuit against the Chairman of the National - 131 -

Labor Relations Commission within 15 days from the date of receiving the arbitration award notwithstanding the provisions of Article 20 of the Administrative Litigation Act. (2) If an administrative lawsuit is not filed within the period prescribed in paragraph (1), the arbitration award shall be confirmed.

(3) If the arbitration award is confirmed pursuant to paragraph (2), the parties concerned shall comply with it. (4) The effect of an arbitration award rendered by the National Labor Relations Commission shall not be suspended by the filing of an administrative lawsuit under paragraph (1). (5) The arbitration award confirmed pursuant to paragraph (2) shall have the same effect as the collective agreement under Article 10.

(6) The National Labor Relations Commission may, if necessary, notify the heads of the National Assembly, a local council, a local government, etc. of the contents of a confirmed arbitration award.

Article 17 (Relations with Other Laws)

(1) The provisions of this Act shall not interfere with the establishment and operation of a public officials' workplace association under the Act on the Establishment and Operation of Public Officials' Workplace Association.

(2) Matters, not prescribed in this Act, concerning trade unions and labor relations adjustment for public officials, except those prescribed in paragraph (3), shall be subject to the conditions prescribed by the Trade Union and Labor Relations Adjustment Act. In this case, "collective bargaining or industrial action" in Article 3 of the same Act shall be regarded as "collective bargaining", "collective bargaining, industrial action" in Article 4 as "collective bargaining", "to the Minister of Labor in the case of a trade union in the form of an associated organization and a unit trade union which lies across more than two of special cities, metropolitan cities and provinces and to the mayor of the special city, the mayor of the metropolitan city and the provincial governor in the case of other trade unions" in Article 10 (1) as "to the Minister of Labor", "Minister of Labor or the mayor of the special city, the mayor of a metropolitan city and the provincial governor (hereinafter referred to as "the administrative authorities")" in Article 12 (1) as "Minister of Labor", "employer" in Article 30 (1) and (2) as "government's negotiating representative", "either the Mediation Committee or the single mediator" in Articles 58, 60 (2) through - 132 -

(4) and 61 (3) as "Labor Relations Adjustment Commission for Public Officials", "either the Chairman of the Mediation Committee or the single mediator" in Article 59 as "the Chairman of the Labor Relations Adjustment Commission for Public Officials", "mediation proposal under paragraph (1)" in Article 60 (3) as "mediation proposal", "all member of the Mediation Committee or the single mediator" in Article 61 (1) as "all members of the Labor Relations Adjustment Commission for Public Officials", "Arbitration Committee" in Articles 66 (1), 67 and 68 (2) as "the Labor Relations Adjustment Commission for Public Officials", "Articles 88 through 93" in Article 94 as "Article 93", "worker" in the same Act as "public official", "employer"(excluding "employer" in Article 30 of the same Act) as "head of an organization or a person who deals with matters related to public officials on behalf of the head of an organization", and "administrative authorities" as "Minister of Labor".

(3) The provisions of the proviso of subparagraph 4 D of Article 2, Article 24, Article 29, Articles 36 through 46, Articles 51 through 57, Article 60 (1) and (5), Articles 62 through 65, Article 66 (2), Articles 69 through 80, the proviso of subparagraph 2 of Article 81, Articles 88 through 92, and Article 96 (1) 3 of the Trade Union and Labor Relations Adjustment Act and Article 5 (1) and (2) of the Addenda of the Trade Union and Labor Relations Adjustment Act amended by Act No. 5310 shall not apply to trade unions under this Act. Article 18 (Penal Provisions)

A person who engages in strikes, work slowdowns and other activities undermining normal business operation in violation of Article 11 shall be punished by imprisonment of up to five years or a fine not exceeding 50 million won. Addenda

Article 1 (Enforcement Date) This Act shall enter into force on the date of its promulgation : Provided that among the... ... laws revised pursuant to Article 6 of the Addenda, those which were promulgated before this Act takes effect but whose enforcement date has not yet arrived shall enter into force on their respective enforcement dates.

Articles 2 through 5 Omitted.

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Article 6 (Revision of Other Laws)

(1) through (530) Omitted.

(531) Parts of the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions shall be revised as follows : "The Minister of Government Administration and Home Affairs" in Article 8 (1) shall be changed to "The Minister of Public Administration and Security".

(532) through (760) Omitted.

Article 7 Omitted.