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

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 Decree reflects only the amendments made until

October 31, 2011

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

Presidential Decree No. 19303, Jan. 27, 2006

Amended by Presidential Decree No 19515, Presidential Decree No. 22269,

.

Jun. 12, 2006

Jul. 12, 2010

Articl e 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions and those necessary for the enforcement thereof.
Article 2 (Notif ication of Estab lishment of S ub sidiary Organizations)
(1) When a public officials' trade union established pursuant to Article 5 of the Act on the Establishment, Operation, etc. of
Public Officials' Trade Unions (hereinafter referred to as the "Act") has set up a subsidiary organization, such as a branch or chapter, etc., the representative of the trade union shall notify the
Minister of Employment and Labor or the head of the relevant local employment and labor office of its establishment in accordance to the classification standards set forth in the
following subparagraphs: <Amendedby Presidential Decree No. 22269, Jul. 12, 2010>
1. Associated organizations of trade unions, trade unions of the
National Assembly, the Court, the Constitutional Court, Election Commissions and the Administration and other national-level trade unions shall give notice to the Minister
of Employment and Labor; and <Amended by Presidential
DecreeNo. 22269, Jul. 12, 2010>
2. Trade unions other than those specified in subparagraph 1 shall give notice to the head of the local employment
and labor office. <Amended by Presidential Decree No. 22269,
Jul. 12, 2010>
(2) Necessary matters regarding the notification of the setting up of subsidiary organizations pursuant to paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment
and Labor. <Amendedby Presidential DecreeNo. 22269, Jul. 12, 2010>
Articl e 3 (Scope of Public Officials Prohibited from Joining Trade
Unions)
In accordance to the provisions of Article 6 (2) and (4) of the
Act, the scope of public officials prohibited from joining a trade union is as follows: <Amended by Presidential Decree No. 19515,
Jun. 12, 2006>
1. Public officials who exercise the right to direct and supervise other public officials or engage in generally
managing other public officials' affairs: Public officials falling under any of the following items:
A. Public officials entrusted with the authority and responsibility to direct and supervise other public officials and manage their services pursuant to Acts and subordinate
statutes, bylaws and regulations (including their
proxies); and
B. Public officials involved mainly in directing and supervising or generally managing other public officials'
affairs in his/her department as an assistant to the department head pursuant to directives, regulations on
division of duties, etc.
2. Public officials, such as those performing jobs related to personnel and remuneration, etc., who stand in the
position of administrative agencies in relations to a trade union: Public officials whose main responsibilities fall under any of the following items (excluding those who
assist in simple work such as compiling documents, etc.):
A. Work regarding employment, service, disciplinary action, review of appeals, remuneration, pension or other
welfare for public officials;
B. Work regarding trade unions or work councils under the Act on the Establishment, Operation, etc. of Public
Officials' Councils;
C. Work regarding the planning and execution of budgets and funds (excluding simple execution);
D. Work regarding the management of the organization and the definite number of personnel of administrative agencies;
E. Work regarding audit and inspection ; or
F. Work regarding security, maintenance of order, management and protection of government facilities, and secretarial
or chauffeuring services.
3. Public officials who engage in correction, investigation
and other similar jobs: Public officials falling under any of the following items:
A. Public officials working in the areas of correction, protection, prosecution work, investigation of illegal drugs, immigration control and rail security among public
officials specified in Table 1 attached to the Decree on
the Appointment of Public Officials, ;
B. Public officials appointed by the Prosecutor General or the chief public prosecutor to investigate tax-related offenses in accordance with Acts and subordinate statutes on
tax offense punishment procedures;
C. Public officials mainly engaged in investigation work; or
D. Public officials employed in the National Intelligence
Service.
4. Public officials whose main jobs, such as mediating and inspecting labor relations, etc., are considered
inappropriate to be performed in the status of a union member: Public officials falling under any of the following items:
A. Public officials in charge of mediation or adjudication cases in the Secretariat Office of the Labor Relations Commission pursuant to the Labor Relations Commission
Act;
B. Labor inspectors who act as judicial police officers with regard to violations of the Labor Standards Act,
the Industrial Safety and Health Act, and other labor-related Acts and subordinate statutes in the Ministry of Employment and Labor or its subsidiary
organizations pursuant to the Labor Standards Act;
<Amended by Presidential Decree No. 22269, Jul. 12, 2010>
C. Labor inspectors for seamen, who act as judicial police officers with regard to violations of the Seamen Act,
the Labor Standards Act and other Acts and
subordinate statutes regarding the labor relations of seamen pursuant to the Seamen Act; or
D. Public officials mainly engaged in dealing with
reports of establishment of trade unions, collective agreements and industrial actions pursuant to the Trade
Union and Labor Relations Adjustment Act in local governments.
Articl e 4 (Non-Negotiab le M atters)
The "matters concerning policy decisions the State or local
governments are authorized to make by Acts and subordinate statutes, etc. and matters concerning the management and
operation of the organization, such as exercising the right to appointment, etc." in the proviso of Article 8 (1) of the Act refer to matters described in any of the following
subparagraphs:
1. Matters concerning policy decisions including planning policies or drafting plans;
2. Matters concerning the exercise of the right to appoint, such as hiring, promotion, transfers, etc. of public officials;
3. Matters concerning the organization and definite number of personnel of an agency;
4. Matters concerning the planning and execution of budgets
and funds;
5. Matters concerning disputes to which an administrative agency is a party (including appeals); and
6. Other matters concerning the management and operation of an agency.
Articl e 5 (Notice of D el egati on of B argai ning R i ghts, etc.)
If the government's negotiating representative as specified in Article 8 (1) of the Act (hereinafter referred to as the "government's negotiating representative") conducts joint
negotiations or delegates the authority to negotiate and conclude collective agreements pursuant to Article 8 (3) through (5) of the Act, the counterpart shall be notified of such facts. In this
case, the names of the government negotiating representative, head of the delegated agency, etc. and the delegated authorities shall be specified in detail.
Articl e 6 (Peri od of Negoti ati on D emands)
Demands for negotiations pursuant to Article 9 (2) of the
Act shall be made between the period of three months prior to the expiration date of the collective agreement and thirty days
prior to the planned date of negotiations as prescribed by the
Ordinance of the Ministry of Employment and Labor. <Amended by Presidential DecreeNo. 22269, Jul. 12, 2010>
Articl e 7 (Notice of D emands f or Negotiation and Parti cipati on in
B argai ning)
(1) Demands for negotiations pursuant to Article 9 (3) of the
Act shall be notified without delay upon receiving such demand. (2) Trade unions desiring to participate in negotiations pursuant
to Article 9 (3) of the Act shall make a negotiation demand to
the government's negotiating representative within seven days of the date of notice as specified in paragraph (1) in accordance
to the Ordinance of the Ministry of Employment and Labor.
<Amendedby Presidential DecreeNo. 22269, Jul. 12, 2010>
(3) Upon the expiration of the negotiation demand period as defined in paragraph (2), the government's negotiating representative
shall publicly announce, without delay, the trade union demanding
negotiations (hereinafter referred to as "negotiating trade union")
pursuant to Article 9 (2) and (3) of the Act and notify the negotiating trade union.
(4) The government's negotiating representative may reject any negotiation demand that was not made within the negotiation demand period as specified in the provisions of Article 6 and paragraph (2).
Article 8 (Appointment of Negoti ati ng M emb ers)
(1) Negotiating trade unions shall appoint negotiating members within 20 days of the date of notice pursuant to Article 7 (3) and send the government's negotiating representative a written notice signed or sealed by the representatives of the negotiating trade union. In this case, the number of negotiating members shall be determined in consideration of the size of the organization, etc., but shall not exceed 10 persons.
(2) With regard to the appointment of negotiating members as specified in paragraph (1), if there are more than one negotiating trade unions involved, the negotiating members shall be appointed under an agreement between the negotiating trade unions. However, if an agreement is not reached within the period set forth in the former part of paragraph (1), the negotiating members shall be appointed in proportion to the number of members of each negotiating trade union.
Articl e 9 (Preparati on and Commencement, etc. of Negoti ati ons)
The parties to labor relations shall, upon receiving a notice of appointment of negotiating members pursuant to Article 8 (1), consult without delay the agendas, date and place of negotiations and other necessary matters thereof and initiate negotiations.
Articl e 10 (Noti ce of I mplementati on of Coll ecti ve Agreements)
The government's negotiating representative shall notify his/her counterpart in writing of the results of the implementation of the provisions in a collective agreement which do not have the effect of a collective agreement pursuant to Article 10 (1) of
the Act at least three months prior to the expiration date of the collective agreement concerned.
Articl e 11 (Notice of Mediation or Arbitration of Labor Disputes, etc)
(1) The National Labor Relations Commission (hereinafter referred to as the "National Labor Relations Commission") under Article 2 (2) of the Labor Relations Commission Act shall, upon conducting mediation or arbitration of a labor dispute pursuant to Article 12 or Article 13 of the Act, notify in writing the parties concerned without delay.
(2) If the National Labor Relations Commission deems, after receiving an application for mediation or arbitration pursuant to Article 12 or subparagraph 1 of Article 13 of the Act, that the application does not call for arbitration or mediation pursuant to the provisions of Article 12 or 13 of the Act, it shall inform the applicant of its reasons along with an alternative solution other than mediation or arbitration.
(3) The process of requesting mediation or arbitration pursuant to Article 12 or subparagraph 1 of Article 13 of the Act shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 12 (Composition of the Labor Relations Adjustment Committee for Public Official s)
(1) One of the public interest members of the Labor Relations Adjustment Committee for Public Officials (hereinafter referred to as the "Committee") pursuant to Article 14 (2) of the Act shall serve as a full-time official.
(2) The Chairperson of the National Labor Relations Committee may, pursuant to Article 14 (3) of the Act, hear the opinions of related agencies or organizations with regard to the recommendation of public interest members.
(3) The Chairperson of the Subcommittee (hereinafter referred to as the "Subcommittee") pursuant to Article 15 of the Act shall be appointed by the Chairperson of the Committee after consulting with the Chairperson of the National Labor Relations Commission and the Chairperson of the Subcommittee shall preside over the Subcommittee.
Article 13 (Notice of Request f or R emedy f or Unf air Lab or Practices)
The Labor Relations Commission pursuant to Article 2 (1) of the Labor Relations Commission Act, upon receiving a remedy
request from a public official or trade union in accordance with Article 82 of the Trade Union and Labor Relations Adjustment Act, shall notify, without delay, the other party, who is the administrative authorities, and competent Appeals Commission of this.
Articl e 14 (R el ati ons with O ther Presi dential D ecrees)
(1) Except as prescribed in paragraph (2), matters not provided for in this Decree with regard to trade unions and labor relation adjustments applicable to public officials shall be governed by the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act. In this case, the "Minister of Employment and Labor or the special city mayor, metropolitan city mayor and provincial governor" (hereinafter referred to as “administrative authorities”) in Article 9 (1) of the Enforcement Decree of the same Act shall be regarded as the "Minister of Employment and Labor", "the employer of the business or workplace in question or the employers association related thereto" in Article 9 (3), Article 11 (2) and Article 13 (4) as the "head of the agency concerned", "businesses or workplaces" in Article 10 (4) as ”agencies", the "Labor Relations Commission“ in Article
29 (1) as the "National Labor Relations Commission”, the "Arbitration Committee“ in Article 30 (1) as the "Labor Relations Adjustment Commission for Public Officials", “associated organizations of trade unions and nationwide industry-level trade unions" in the proviso other than the subparagraphs of Article 33 (1) as "associated organizations of trade unions and trade unions of the National Assembly, the Court, the Constitutional Court, Election Commissions and the Administration and other national-level trade unions", "Article 96 of the Act (excluding paragraph (1)
3)" in subparagraph 14 of the same paragraph as "Article 96 of the Act", "workers" in the Enforcement Decree of the same Act as "public officials" and "administrative authorities” in the Enforcement Decree of the same Act as the "Minister of Employment and Labor". <Amendedby Presidential DecreeNo. 22269, Jul. 12, 2010>
(2) The provisions of Article 7, Article 8, Article 11 (1) 4, Article 14, Articles 17 through 26, Article 28, Article 29 (2), Article 31, Article 32 and Article 33 (1) 10 through 13, 17 and
18 of the Enforcement Decree of the Trade Union and Labor
Relations Adjustment Act shall not apply to trade unions.

Addendum<Presidential Decree No. 19303, Jan. 27, 2006>

This Decree shall enter into force on January 28, 2006.

Addenda

<Presidential Decree No. 19515, Jun. 12, 2006; Revision of the Decree on the Appointment of Public Officials>
Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on July 1, 2006.
<Proviso omitted>
Articl e 2 Omitted.
Articl e 3 (R evisi ons of O ther Laws)
(1) Omitted.
(2) The Enforcement Decree of the Act on the Establishment and Operation, etc. of Public Officials' Trade Unions shall be amended as follows:
"Public officials working in the areas of correction, juvenile protection, protective custody, prosection work, investigation of illegal drugs, immigration control and rail security" in item A of subparagraph 3 of Article 3 shall be changed to "public officials working in the areas of correction, protection, prosecution work, investigation of illegal drugs, immigration control and rail security".

Addenda <Presidential Decree No. 22269, Jul. 12, 2010>

Articl e 1 (Enf orcement D ate)
This Decree shall enter into force on the date of its promulgation.<Proviso omitted>
Articl e 2 (R evisi on of O ther Laws)
(1) through (23) Omitted.
(24) The Enforcement Decree of the Act on the Establishment, Operation, etc. of Public Officials' Trade Unions shall be amended as follows:
"Minister of Labor" in parts other than each subparagraph of Article 2 (1), Article 2 (1) 1 and the latter part of Article 14 (1) shall be changed to "Minister of Employment and Labor".
"Local labor office" in parts other than each subparagraph of
Article 2 (1) and Article 2 (1) 2 shall be changed to "local
employment and labor office".
"Ordinance of the Ministry of Labor" in Article 2 (2), Article
6, Article 7 (2) and Article 11 (3) shall be changed to
"Ordinance of the Ministry of Employment and Labor".
"Ministry of Labor" in item B of subparagraph 4 of Article 3 shall be changed to "Ministry of Employment and Labor".
(25) through (136) Omitted.