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ACT ON THE TRIPARTITE COMMISSION FOR ECONOMIC AND SOCIAL DEVELOPMENT

This translation of Korea's labor laws is intended mainly as

a convenience to the non-Korean-reading public. If any questions arise related to the accuracy of the information contained in the translation, please refer to the official Korean version of the laws. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

* This Act reflects only the amendments made until October

31, 2011

ACT ON THE TRIPARTITE COMMISSION FOR ECONOMIC AND SOCIAL DEVELOPMENT

Act No. 5990, May 24, 1999

Amended by Act No.

Act No.

8297, Jan.

8852, Feb.

26, 2007

29, 2008

Act No. 10339, Jun.

4, 2010

Articl e 1 (Purpose)
The purpose of this Act is to promote industrial peace and contribute to the balanced development of the national economy by establishing the Tripartite Commission for Economic and Social Development and prescribing necessary matters concerning the organization and operation thereof in order to conduct consultation between workers, employers and the government on labor policies and related economic and social policies, etc. based on mutual trust and cooperation, and to provide advice to the President upon request. <Amended by Act No.
8297, Jan. 26, 2007>
Article 2 (Responsibility of Tripartite Partners)
Workers, employers and the government (hereinafter referred to as “tripartite partners”) shall engage in consultations in good faith based on mutual trust and fully respect the results thereof.
Articl e 3 (Estab li shment and Functi ons of Commission)
(1) The Tripartite Commission for Economic and Social Development (hereinafter referred to as “Commission”) shall be placed under the President. <Amended by Act No. 8297, Jan. 26,
2007>
(2) The Commission shall consult matters specified ineach of the following subparagraphs: <Amended by Act No. 8297, Jan. 26, 2007>
1. Labor policies concerning workers’ employment security and working conditions, etc. and matters concerning industrial, economic and social policies which have a serious effect thereon;
2. Deleted <Act No. 8297, Jan. 26, 2007>
3. Matters concerning the improvement of systems, awareness a n d p ra c tic e s fo r th e d e v e lo p m e n t o f
in d u stria l relation;
4. Matters concerning measures to implement the matters agreed upon by the Commission;
5. Matters concerning measures to support activities aimed at promoting tripartite cooperation; and
6. Other matters on which advice is requested by the
President.
Articl e 4 (Composi ti on and O peration of Commi ssion)
(1) The Commission shall be composed of one chairperson, one standing member, two members representing workers, two
members representing employers, two members representing the
government and two members representing public interests.
<Amended by Act No. 8297, Jan. 26, 2007>
(2) The chairperson and the standing member shall be appointed by the President.
(3) The members representing workers shall be appointed by the President from among the representatives of nationwide workers' organizations, and members representing employers
shall be appointed by the President from among the representatives of nationwide employers' organizations.
<Amended by Act No. 8297, Jan. 26, 2007>
(4) The members representing public interests shall be appointed by the President from among candidates for appointment who are left behind after they are eliminated one
by one by nationwide workers' organizations and nationwide employers' organizations among those who have plenty of knowledge and experience in labor, economic and social affairs
and are recommended by the chairperson, nationwide workers’
organizations and nationwide employers’ organizations.
<Newly Inserted by Act No. 8297, Jan. 26, 2007>
(5) The members representing the government shall be the Minister of Strategy and Finance and the Minister of Employment and Labor. <Amended by Act No. 8297, Jan. 26, 2007; Act No.
8852, Feb. 29, 2008; and Act No. 10339, Jun. 4, 2010>
(6) The President m ay, if deemed necessary for consultation on the matters prescribed by Article 3 (2) of the
Act, appoint the heads of relevant administrative agencies, such as the Minister of Knowledge Economy, etc. as special members aside from the members under paragraph (1). <Amended by Act No. 8297, Jan. 26, 2007 and Act No. 8852, Feb. 29, 2008>
(7) Necessary matters concerning the composition and operation of the Commission, the method of eliminating candidates one
by one, etc. shall be prescribed by the Presidential Decree.
<Amended by Act No. 8297, Jan. 26, 2007>
Article 5 (Duties of Chairperson, etc.)
(1) The chairperson shall represent the Commission and have overall control over the affairs of the Commission. <Amended by Act No. 8297, Jan. 26, 2007>
(2) The standing m em ber shall assist the chairperson, and if the chairperson is unable to perform his/her duties for unavoidable reasons, shall perform the duties of the chairperson on behalf of him/her.
Articl e 6 (T erm of O f f i ce f or M emb ers)
(1) The term of office of each member of the Commission shall be two years but renewable. <Amended by Act No. 8297,
Jan. 26, 2007>
(2) A member shall continue to perform his/her duties until his/her successor is appointed even though his/her term of office expires.
Articl e 7 (M eetings of Commi ssion)
(1) The chairperson shall convene and preside over meetings.
(2) A meeting of the Commission shall be convened in the following cases. <Amended by Act No. 8297, Jan. 26, 2007>
1. Where the President calls for a meeting;
2. W h e re one third or more of the members calls for a meeting; and
3. Other cases where the chairperson deems it necessary.
(3) A meeting of the Comm ission shall be held with the attendance of a majority of all members and take a decision
with the approval of two-thirds or more of the m em bers
present. <Amended by Act No. 8297, Jan. 26, 2007>
(4) When the Commission takes a decision pursuant to paragraph (3 ), a half or more of the members representing workers, of the members representing employers and of the
members representing the government shall be present, respectively. <Amended by Act No. 8297, Jan. 26, 2007>
(5) Deleted <Act No. 8297, Jan. 26, 2007>
Articl e 8 (S tanding Committee)
(1) The Commission shall set up the standing committee to
review and coordinate the agenda to be brought before the Commission, deal with the matters delegated by the Commission and support other activities of the Commission.
<Amended by Act No. 8297, Jan. 26, 2007>
(2) The standing committee shall be composed of 20 or less members including the chairperson of the standing committee, and the standing member of the Commission shall concurrently hold the post of chairperson of the standing committee.
<Amended by Act No. 8297, Jan. 26, 2007>
(3) The members of the standing committee shall be appointed by the chair person of the Commission from among the working-level officials of workers’ organizations, employers’ organizations and relevant administrative agencies, and related experts representing public interests: Provided that those who are left behind after they are eliminated one by one by nationwide workers' organizations and nationwide employers’ organizations, from among related experts recommended by the chairperson, nationwide workers’ organizations and nationwide employers’ organizations, shall be appointed as the members of the standing committee who represent public interests. <Amended by Act No. 8297, Jan. 26, 2007>
(4) Artic le 6 an d Article 7 (1), (3) and (4) shall apply mutatis mutandis to the standing committee. <Amended by Act No. 8297, Jan. 26, 2007>
(5) Necessary matters concerning the composition and operation of the standing committee, the method of eliminating candidates one by one, etc., shall be prescribed by the Presidential Decree.
<Amended by Act No. 8297, Jan. 26, 2007>
Articl e 9 Deleted <Act No. 8297, Jan. 26, 2007>
Articl e 10 (Committee b y Agenda and I ndustry)
(1) The Commission shall establish a committee by agenda and industry under the standing committee, which can exist for up to one year: Provided that if necessary, the period of existence may be extended once by up to one year. <Amended by Act No. 8297, Jan. 26, 2007>
(2) The chairperson of the committee by agenda and industry shall be appointed by the chairperson of the
Commission. <Amended by Act No. 8297, Jan. 26, 2007>
(3) Deleted <Act No. 8297, Jan. 26, 2007>
(4) Necessary matters concerning the composition and operation, etc, of Committee by Agenda and Industry shall be
prescribed by the Presidential Decree. <Amended by Act No.
8297, Jan. 26, 2007>
Articl e 11 (S ecretari at)
(1) The Comm ission shall set up the secretariat to deal with the affairs of the Commission. <Amended by Act No. 8297,
Jan. 26, 2007>
(2) The secretariat shall have one secretary general, and the standing member of the Commission shall concurrently hold the
post of secretary general. <Amended by Act No. 8297, Jan. 26,
2007>
(3) Necessary matters concerning the organization and operation, etc., of the secretariat shall be prescribed by the Presidential Decree.
Articl e 12 (Expert Advi sors)
(1) The Commission shall have expert advisors for professional surveys and research concerning its activities. <Amended by Act No. 8297, Jan. 26, 2007>
(2) Necessary matters concerning the number and qualifications, etc., of expert advisors shall be prescribed by the Presidential Decree.
Articl e 13 (Cooperati on f rom R el ated Agenci es, etc.)
(1) The Commission may, if necessary for performing its duties, take measures prescribed in any of the following
subparagraphs: <Amended by Act No. 8297, Jan. 26, 2007>
1. Request for a related person, public official and expert to attend the Commission and state their opinions; and
2. Request for a related person and agency to submit documents and provide explanations.
(2) The related person, public official and expert who receives a request from the Commission under paragraph (1)
shall comply with that request unless they are under special circumstances. <Amended by Act No. 8297, Jan. 26, 2007>
Articl e 14 (G atheri ng of Pub l ic O pi ni on)
The Com m ission m ay, if necessary for perform ing its duties, gather public opinion through public hearings, seminars,
opinion polls, broadcast debates, etc. <Amended by Act No. 8297, Jan. 26, 2007>
Articl e 15 (R eq uest f or S urvey or R esearch)
The Com m ission m ay, if necessary for perform ing its duties, request a related agency, organization or expert, etc. to
conduct a survey or research. <Amended by Act No. 8297, Jan.
26, 2007>
Articl e 16 (D i spatch, etc., of R el ated Pub l i c O f f i cial and S taf f
M emb er)
If necessary for perform ing his/her duties, the chairperson m ay, in consultation with the head of a relevant agency and
organization, etc. have its public official or staff member come to work or concurrently hold a post in the Commission.
Articl e 17 (R eport of R esults of Consul tation)
(1) The chairperson shall report the Commission’s main activities, such as the results of consultation, etc., to the
President. <Amended by Act No. 8297, Jan. 26, 2007>
(2) T h e c h a ir p e r so n m a y n o tify a re la te d a d m in istr a tiv e agency of the Commission's decision, and urge the
implementation thereof. <Amended by Act No. 8297, Jan. 26,
2007>
Article 17-2 (Notif ication of R esul ts of D iscussi on)
If the Commission fails to make a decision as either all members representing workers or all members representing employers are absent from the decision-making process under
Article 7 (3) and (4), it may hold a meeting with the attendance of a majority of all members and take a decision to notify the government of the results of the discussion conducted thus far
with the approval of a majority of the members present.
<This Article Newly Inserted by Act No. 8297, Jan. 26, 2007>
Articl e 18 (D uty of G ood Fai th I mpl ementation)
(1) The government, workers’ organizations and em ployers’ organizations shall do their utmost to reflect the decisions of the Commission in policies and implement them in good faith.
<Amended by Act No. 8297, Jan. 26, 2007>
(2) If the decisions of the Commission are not implemented or such implementation is delayed, the chairperson
may request the related administrative agency, workers’ organization and employers’ organization to explain the reasons or submit the materials thereon. <Amended by Act No. 8297, Jan.
26, 2007>
Articl e 19 (R egi onal T ri parti te Consultati on B ody)
(1) The head of a local government can set up a regional tripartite consultation body to promote tripartite cooperation in the regions concerned.
(2) The Commission may provide necessary support for the establishment and operation of a regional tripartite consultation
body. <Newly Inserted by Act No. 8297, Jan. 26, 2007>
(3) Necessary matters concerning the composition and operation of and support, etc. for a regional tripartite consultation body
shall be prescribed by the Presidential Decree. <Amended by Act
No. 8297, Jan. 26, 2007>

Addenda <Act No. 8297, Jan. 26, 2007>

(1) (Enf orcement D ate)
This Act shall enter into force three months after its promulgation.
(2) (T ransi tional M easures concerni ng Estab l i shment of
Commi ssi on)
The Tripartite Commission established under the previous provisions at the time of the enforcement of this Act shall be
regarded as the Tripartite Commission for Economic and Social
Development established under this Act.
(3) (T ransi tional M easures concerni ng T erm of O f f i ce f or
M emb ers)
The members and standing member appointed under the previous provisions at the time of the enforcement of this Act
shall perform their duties until new members and standing member are appointed under the revised provisions of Article 4 and 8.

Addenda <Act No. 8852, Feb. 29, 2008>

Articl e 1 (Enf orcement D ate)
This Act shall enter into force on the date of its promulgation: Provided that, ...<omitted>..., among provisions in
Acts amended pursuant to Article 6 of the Addenda, those
promulgated before the enforcement of this Act but whose enforcement date has not arrived shall enter into force on the date of the promulgation of the respective Acts.
Articl es 2 through 5 Omitted.
Articl es 6 (R evisi on of O ther Laws)
(1) through (528) Omitted.
(529) Parts of the Act on the Tripartite Commission for
Economic and Social Development shall be revised as follows : "Minister of Finance and Economy" in Article 4 (5) shall be
changed to "Minister of Strategy and Economy", and "Minister
of Trade, Commerce and Energy and the Minister of Planning and Budget" in paragraph (6) of the same Article shall be changed
to "Minister of Knowledge Economy." (530) through (760) Omitted.
Articl e 7 Omitted

Addenda <Act No. 10339, Jun. 4, 2010>

Articl e 1 (Enf orcement D ate)
This Act shall enter into force one month after its promulgation. <Proviso omitted>
Articl es 2 and 3 Omitted.
Articles 4 (R evisi on of O ther Acts)
(1) through (5) Omitted.
(6) Parts of the Act on the Tripartite Commission for
Economic and Social Development shall be revised as follows : "Minister of Labor" in Article 4 (5) shall be changed to
"Minister of Employment and Labor". (7) through (82) Omitted.
Articl e 5 Omitted