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

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

Act No. 5727, Jan. 29, 1999

Amended by Act No. 6400, Jan. 29, 2001

Act No. 7354, Jan. 27, 2005

Act No. 8157, Dec. 30, 2006

Act No. 8852, Feb. 29, 2008

Article 1 (Purpose)

The purpose of this Act is to stipulate matters concerning the organization of trade unions for teachers in conformity with the proviso of Article 5 of the Trade Union and Labor Relations Adjustment Act and to regulate special provisions necessary for the Trade Union and Labor Relations Adjustment Act to be applied to teachers, notwithstanding Article 66(1) of the State Public Officials Act and Article 55 of the Private School Act. Article 2 (Definition)

The term ßÖteacherß×in this Act refers to a person prescribed in Article 19(1) of the Elementary and Secondary Education Act. Provided that any dismissed persons who have made an application to remedy unfair labor practices to the Labor Relations Commission under the provision of Article 82(1) of the Trade Union and Labor Relations Adjustment Act shall be regarded as teachers until a review decision is made by the National Labor Relations Commission.

Article 3 (Prohibition of Political Activities)

Trade unions for teachers (hereinafter referred to as ßÖtrade unionsß×) shall not be allowed to participate in any political activities.

Article 4 (Establishment of Trade Unions)

(1) Teachers may establish a trade union at the Special City, Metropolitan City, Province or Special Self-governing Province (hereinafter referred to as ßÖcities and provincesß×) level or at the national level. (2) Any one who wants to establish a trade union shall submit an application to the Minister of Labor.

Article 5 (Status of Full-time Officials of Trade Unions) - 118 -

(1) A teacher may be solely engaged in trade union affairs with the approval of the appointer.

(2) A teacher who is solely engaged in a trade union (hereinafter referred to as full-time official) with approval of the appointer as prescribed in paragraph (1) shall be regarded as complying with an order to take leave of absence under Article 44 of the Public Educational Official Act and Article 59 of the Private School Act.

(3) A full-time official shall not be entitled to wages during the period of service as a full-time official.

(4) A full-time official shall not be subject to any disadvantages in promotion or in other matters related to personal status on grounds of his/her position as a full-time official during the period of service as a full-time official.

Article 6 (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 improvement of the economic and social status of teachers, such as wages, working conditions and welfare, with the Minister of Education, Science and Technology, the Superintendent of the Board of Education of the respective city and province, or the person who establishes and runs a private school. In the case of private schools, the persons who establish and run the schools shall participate in negotiations at the national level or at the city and provincial level. (2) In the case of paragraph (1), the negotiating members of the trade union shall consist of the representative and members of the trade union concerned.

(3) In the case that two or more trade unions are established, collective bargaining shall be conducted through only a unified bargaining channel of concerned trade unions.

(4) In the case of collective bargaining or agreements as prescribed in paragraph (1), the concerned parties shall negotiate in good faith, taking into consideration the opinion of the public and parents, and shall not abuse their rights. (5) Matters concerning collective bargaining procedures, etc. shall be determined by the Presidential Decree.

Article 7 (Effect of Collective Agreements)

(1) The contents of collective agreements concluded in accordance with the provision of Article 6(1) shall not take - 119 -

effect as collective agreements, in case they are stipulated by the law, bylaws, and budget, or stipulated by the authority delegated by the law, bylaws and budget.

(2) The Minister of Education, Science and Technology, the Superintendents of the Provincial Education Office, and those who establish and run private schools shall make efforts in good faith to implement the matters which do not take effect as collective agreements pursuant to paragraph (1). Article 8 (Prohibition of Industrial Action)

A trade union and its members shall be prohibited from taking any industrial action, including strikes, work slowdowns and other activities hindering normal business operation. Article 9 (Application for Mediation of Labor Disputes, etc.) (1) In case collective bargaining prescribed in Article 6 breaks down, either or both parties concerned may apply for mediation to the National Labor Relations Commission.

(2) In the case either or both parties apply for mediation pursuant to paragraph (1), the National Labor Relations Commission shall commence mediation without delay, and the parties concerned shall participate in the mediation in good faith. (3) A mediation process shall be completed within 30 days after the date of application pursuant to paragraph (1). Article 10 (Arbitration)

The National Labor Relations Commission shall conduct arbitration in any of the following subparagraphs;

1. When both parties concerned request arbitration after collective bargaining pursuant to Article 6 breaks down;

2. When the mediation proposal of the National Labor Relations Commission is rejected by either or both parties concerned; and

3. When the Chairperson of the National Labor Relations Commission determines to refer the case concerned to arbitration under his/her authority or at the request of the Minister of Labor.

Article 11 (Composition of Labor Relations Adjustment Commission for Teachers)

(1) The Labor Relations Adjustment Commission for Teachers (hereinafter referred to as the Commission) shall be established under the National Labor Relations Commission to mediate and - 120 -

arbitrate the labor disputes of teachers.

(2) The Commission prescribed in paragraph (1) shall consist of three mediating members of the National Labor Relations Commission representing public interests who are nominated by the Chairperson of the National Labor Relations Commission. Provided that a person, who is not a mediating member of the National Labor Relations Commission representing public interests, is recommended by the mutual consent of the parties concerned, that person shall be nominated.

(3) The Chairperson of the Commission shall be elected mutually from its members.

Article 12 (Finalization of Arbitration Award, etc.) (1) In the case a party concerned acknowledges that an arbitration award rendered by the National Labor Relations Commission violates law or is an act beyond its authority, that party may file an administrative suit against the Chairperson of the National Labor Relations Commission within 15 days from the receipt of the arbitration award, notwithstanding the provision of Article 20 of the Administrative Appeals Act. (2) In the case no administrative suit has been filed within the period prescribed in paragraph (1), the arbitration award shall be finalized.

(3) In the case the arbitration award is finalized pursuant to paragraph (2), the parties concerned shall comply therewith. (4) The effect of an arbitration award rendered by the National Labor Relations Commission shall not be suspended by the institution of an administrative suit in accordance with paragraph (1).

(5) The arbitration award finalized in accordance with paragraph (2) shall have the same effect as a collective agreement. Article 13 (Relations with Request for Examination of Teachers' Appeal)

If a teacher or trade union requests the Labor Relations Commission to remedy dismissal or disadvantageous treatment in accordance with Article 82 (1) of the Trade Union and Labor Relations Adjustment Act because the teacher concerned has been dismissed or treated disadvantageously on grounds of committing an act specified in subparagraphs 1 and 5 of Article 81 of the same Act, no request for the examination of an appeal shall be made to the Appeal Examination Commission for Teachers, notwithstanding Article 9 of the Special Act on the Improvement of Teachers' Status. by Act no. 7354, Jan. 27, 2005>

Article 14 (Relations with Other Laws)

(1) The Trade Union and Labor Relations Adjustment Act shall apply to trade unions and labor relations adjustments for teachers except for the matters stipulated in paragraph (2). In this case, ßÖcollective bargaining or industrial actionß×in Article 3 of the Act shall read ßÖcollective bargainingß×, ßÖcollective bargaining, industrial actionß×in Article 4 shall read ßÖcollective bargainingß×, ßÖto the Minister of Labor in the case of a trade union in the form of an associated organization and a unit trade union which crosses more than two of the Special City, Metropolitan City, and Province, and to the Mayor of Special City, the Mayor of Metropolitan City, and Province Governor in case of other trade unionsß×in Article 10 (1) shall read ßÖto the Minister of Laborß×, ßÖThe Minister of Labor or the Mayor of Special City, the Mayor of Metropolitan City and the Provincial Governor (hereinafter referred to as the Administrative Authorities)ß×in Article 12 (1) shall read ßÖThe Minister of Laborß×, ßÖEither the Mediation Committee or the single mediatorß×in Article 58, 60 (1) through (4) and 61 (3) shall read ßÖLabor Relations Adjustment Commission for Teachersß×, ßÖEither the Chairperson of the Mediation Committee or the single mediatorß×in Article 59 shall read ßÖThe Chairperson of the Labor Relations Adjustment Commission for Teachersß×, ßÖall members of the Mediation Committee or the single mediatorß× in Article 66 (1) shall read ßÖall members of the Labor Relations Adjustment Commission for Teacherß×, ßÖAn Arbitration Committeeß× in Articles 66 (1), 67 and 68 (2) shall read ßÖthe Labor Relations Adjustment Commission for Teachersß×, ßÖthe representative of a trade union or a person who has been authorized by a trade unionß×in Article 81 (3) shall read ßÖthe representative of a trade unionß×, ßÖArticles 44 (2), 69 (4), 77 or 81ß×in Article 90 shall read ßÖArticle 81ß×, ßÖany one who has violated collective agreement by Article 31 (3) or decisions by Article 36 (1)ß×in subparagraph 1 of Article 92 shall read ßÖany one who has violated collective agreements by Article 31 (1)ß×, ßÖArticles 88 through 93ß×in Article 94 shall read ßÖArticles 89 (2), 90, 92 and 93ß×, ßÖworker(s)ß× in the Act shall read ßÖteacher(s)ß×, ßÖemployer(s)ß×in the Act shall read ßÖthe Minister of Education and Human Resources Development, the Superintendents of the Board of Education of cities and provinces, the person who establishes and runs a private school, or the person who deals with matters related to teachers on behalf of the Minister of Education, Science and

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Technology, the Superintendents of the Board of Education of cities and provinces, or the person who establishes and runs a private schoolß×, and ßÖthe Administrative Authoritiesß×in the Act shall read the ßÖMinister of Laborß×.

(2) The proviso of item (d) of subparagraph 4 of Article 2, Article 24, Article 29 (2) and (3), Articles 36 through 46, 51 through 57, 60 (5), 62 through 65, 66 (2), 69 through 80, the proviso of subparagraph 2 of Article 81, Article 88, subparagraph 1 of Article 89, Article 91 and subparagraph 3 of Article 96 (1) of the Trade Union and Labor Relations Adjustment Act, and the provisions of the Article 5 (1) and (2) of the Addenda (Act No. 5310) shall not apply to the trade union.

(3) The proviso of Article 87 of the Act on the Election of Public Officials and the Prevention of Election Malpractices shall not apply to a trade union.

Article 15 (Penal Provisions)

(1) Any one who violates Article 8 shall be punishable by imprisonment of up to five years or by a fine of up to fifty million won.

(2) Any one who violates Article 12(3) shall be punishable by imprisonment of up to two years or by a fine of up to twenty 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 enters into force but whose enforcement date has not yet arrived shall enter into force on their respective enforcement dates.

Articles 2 through 5 Omitted.

Article 6 (Revision of Other Laws)

(1) through (531) Omitted.

(532) Parts of the Act on the Establishment, Operation, etc., of Trade Unions for Teachers shall be revised as follows : "The Minister of Education and Human Resources Development" in - 123 -

Article 6 (1), Article 7 (2) and Article 14 (1) shall be changed to "The Minister of Education, Science and Technology". (533) through (760) Omitted.

Article 7 Omitted.