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ENFORCEMENT DECREE OF THE TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT

ENFORCEMENT DECREE OF THE TRADE UNION AND LABOR RELATIONS ADJUSTMENT ACT

Presidential Decree No. 15321, Mar. 27, 1997

Amended by Presidential Decree No. 15780, Apr. 27, 1998 Presidential Decree No. 16511, Aug. 6, 1999

Presidential Decree No. 20397, Nov. 30, 2007

Article 1 (Purpose)

The purpose of this Decree is to prescribe the matters delegated by the Trade Union and Labor Relations Adjustment Act and matters necessary for the enforcement thereof. Article 2 (Registration as Juristic Person)

Where, pursuant to the provisions of Article 6 (2) of the Trade Union and Labor Relations Adjustment Act(hereinafter referred to as the ßÖActß×), a trade union is formed as a juristic person, it shall be registered with the registry office having jurisdiction over the location of the principal office thereof. Article 3 (Matters for Registration)

Matters for registration as referred to in Article 2 shall be as follows:

1. Name;

2. Place of the principal office;

3. Objective and activities;

4. Name and address of the representative; and

5. Reasons for dissolution where applicable. Article 4 (Application for Registration)

(1) The registration as referred to in Article 2 shall be effected by the application from the representative of the relevant trade union.

(2) When the application for registration as referred to in paragraph (1) is intended, there shall be attached to the application form for registration the bylaws of the trade union and a copy of the certificate of report (if the certificate of the report of modification as referred to in Article 10 (3) of this Decree has - 2 -

been delivered, a copy of the certificate) as prescribed in Article 12 of the Act.

Article 5 (Registration of Transfer)

(1) Where a trade union which is a juristic person transfers its principal office to a district falling under the jurisdiction of another registry office, the representative of the trade union shall, within three weeks from the date of the transfer, make a registration of transfer in the previous location and make a registration of the matters falling under the subparagraphs of Article 3 in the new location.

(2) Where the principal office is transferred within the jurisdiction of the same registry office, the registration of transfer shall be made within three weeks from the date of the transfer.

Article 6 (Registration of Alteration)

The representative of a trade union shall, if there is an alteration to such matters as referred to in the subparagraphs of Article 3, register the alteration within three weeks from the date of the alteration.

Article 7 (Report of Subsidiary Organizations)

A labor organization that is established at an independent business or workplace which has the right to determine working conditions may, notwithstanding its name such as chapter or branch, report on the establishment of a trade union pursuant to the provision of Article 10 (1) of the Act. Article 8 (Relations, etc., of Trade Union with Its Affiliated Association) (1) Where a unit trade union joins an industry-level association of trade unions or where an industry-level association of trade unions or a nationwide industry-level trade union joins a confederation of trade unions, the trade union in question shall fulfil in good faith the obligations imposed by the bylaws of the industry-level association of trade unions or the confederation of trade unions.

(2) A confederation of trade unions or an industry-level association of trade unions may render cooperation, assistance or guidance to its member trade unions in respect of their activities.

(3) Deleted. Article 9 (Demand, etc., for Complete Written Report of Establishment) (1) The Minister of Labor, the Mayor of Special City, the - 3 -

Mayor of Metropolitan City, the Provincial Governor, the Governor of Special Self-Governing Province or the head of Si/Gun/Gu (hereinafter referred to as the Administrative Authorities) shall, if a report on the establishment of a trade union falls under any of the following subparagraphs, demand the report to be supplemented pursuant to Article 12 (2) of the Act:

1. Where the bylaws fail to be attached to the written report of establishment or where any omission or false facts are found in the entries of the report or the bylaws; or

2. Where the procedure for the election of executive members or for the enactment of the bylaws violates the provisions of Article 16 (2) through (4) of the Act or the provisions of Article 23 (1) of the Act.

(2) Where, after a trade union is delivered with a certificate of report of establishment, there arise reasons for returning the written report of establishment, which fall under Article 12 (3) 1 of the Act, the Administrative Authorities shall demand correction within the specified period of thirty days, and if the correction is not performed within this period, they shall notify the trade union in question that it shall not be regarded as a trade union as provided for under this Act.

(3) The Administrative Authorities shall, where they have delivered a certificate of report of establishment to a trade union or given notification pursuant to the provision of paragraph (2), notify without delay the competent Labor Relations Commission and the employer of the business or the workplace in question or the employers' association related thereto of this.

Article 10 (Report, etc., of Matters of Alteration) (1) A trade union shall, where it files a report of alteration in accordance with the provision of Article 13 (1) of the Act, attach the certificate of report to the written report of alteration. (2) A trade union which is obligated to report on a change in the location of its principal office in accordance with the provision of Article 13 (1) 2 of the Act shall, where the location of the principal office is relocated to an area falling under the jurisdiction of another Administrative Authorities, report the change to the Administrative Authorities which have jurisdiction over the new location.

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(3) The Administrative Authorities shall, when they receive a written report of alteration in accordance with the provisions of paragraph (1), deliver a certificate of report of alteration within three days. (4) When a trade union notifies the Administrative Authorities of the number of its members prescribed in Article 13 (2) 3 of the Act, it shall, in the case of a unit trade union comprised of workers of two or more businesses or workplaces, notify in respect of each of the businesses or workplaces.

Article 11 (Notification of Order, etc.)

(1) The Administrative Authorities shall, in a case falling under one of the following subparagraphs, notify the representative of a trade union of the fact in writing:

1. Where they, pursuant to the provisions of Article 18 (3) and (4) of the Act, appoint the person entitled to convoke a meeting;

2. Where they, pursuant to the provisions of Article 21 (1) and (2) of the Act, issue a corrective order in respect of the bylaw, resolution or action of a trade union;

3. Where they, pursuant to the provision of Article 31 (3) of the Act, issue a corrective order in respect of an unlawful collective agreement; or

4. Where they, pursuant to the provision of Article 36 (1) of the Act, take a decision on the regional binding force. (2) The Administrative Authorities shall, in a case falling under paragraph (1) 3 and 4, notify the employer of the business or workplace in question or the employers'association related thereto of the fact.

Article 12 (Demand for Submission of Materials)

The Administrative Authorities shall, where they intend to receive a report from a trade union on the settlement of accounts or on the operational situation pursuant to the provision of Article 27 of the Act, demand it in writing ten days in advance by specifying the reasons and other necessary matters.

Article 13 (Resolution, etc., of Dissolution of Labor Relations Commission)

(1) ßÖWhen a trade union is deemed not to have carried out - 5 -

any activities as a union for a year or longerß×in Article 28 (1) 4 of the Act means cases where, for a period of one year or longer, no membership fees have been collected from the members of the trade union or no general meeting or delegates meeting has been convoked.

(2) Where there arise the reason for dissolution of a trade union prescribed Article 28 (1) 4 of the Act, the union shall be regarded as being dissolved at the time when the Administrative Authorities obtain the resolution of the competent Labor Relations Commission.

(3) The Labor Relations Commission shall not, in passing the resolution prescribed in paragraph (2), take into account the activities of the trade union in question after the date of the occurrence of the reason for dissolution as stipulated in Article 28 (1) 4 of the Act.

(4) The Administrative Authorities shall, when the Labor Relations Commission introduces the resolution stipulated in Article 28 (1) 4 of the Act or when they receive a report of dissolution as stipulated in paragraph (2) of the same Article, notify without delay the competent Labor Relations Commission (limited to cases where a report of dissolution stipulated in Article 28 (2) of the Act has been received), the employer of the business or workplace in question or the employers' association related thereto of the fact.

Article 14 (Notification of Delegation of Negotiating Authority, etc.) (1) A trade union or an employers' association (hereinafte r referred to as a ßÖparty to labor relationsß×) shall, when it delegates the authority to negotiate or conclude a collective agreement pursuant to the provisions of Article 29 (2) of the Act, specify the matters subject to negotiation and the scope of delegated authority.

(2) A party to labor relations shall, when it notifies the other party of the fact of delegation pursuant to the provisions of Article 29 (3) of the Act, do so by containing the matters listed in the following subparagraphs:

1. Name of the person delegated as such (if the person delegated is an organization, the name of the organization and the name of the representative thereof); and

2. The substance of delegation such as the matters subject to negotiation and the scope of jurisdiction

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Article 15 (Report of Collective Agreement)

The report of a collective agreement stipulated in the provisions of Article 32 (2) of the Act shall be conducted in joint signature of both parties.

Article 16 (Request for Interpretation of Collective Agreement) The request for interpretation of a collective agreement or for statement of views on the method of performance of a collective agreement as stipulated in Article 34 (1) of the Act shall be made in writing by entering the contents of the agreement and the opinions of the parties.

Article 17 (Report of Industrial Actions)

Any trade union shall, when it intends to conduct an industrial action, report, under the conditions prescribed by the Ordinance of the Ministry of Labor, it in advance in writing to the Administrative Authorities and the competent Labor Relations Commission by specifying the date, place, the number of participants in, and the method of, the industrial action. Article 18 (Report of Acts of Violence, etc.)

(1) An employer shall, when industrial action violates Article 38 (1) and (2), or 42 (1) or (2), immediately report on the situation to the Administrative Authorities and the competent Labor Relations Commission. (2) The report referred to in paragraph (1) shall be made in writing, verbally, by telephone or in other appropriate manner. Article 19 Deleted. Article 20 (Scope of Workers Engaged in Production of Defense Industry Supplies)

ßÖThose who are involved in the work of mainly producing national defense goodsß×referred to under Article 41 (2) of the Act" mean people engaged in the business of manufacture, processing, assembly, maintenance, reproduction, amelioration, performance test, heat treatment, painting and gas handling, etc., which are required for completion of defense industry products. Article 21 (Facilities Prohibited from Occupation) ßÖThe equivalent thereof as determined by the Presidential Decreeß×referred to under Article 42 (1) of the Act means facilities falling under one of the following subparagraphs: Presidential Decree No. 16500, Aug. 6, 1999 and No. 20397, Nov. 30, 2007>

1. Electric, electronic computing or communications facilities;

2. Carriages on railways or the tracks thereof (including urban railways);

3. Ships under construction or repair or at anchor : Provided that this shall exclude cases where a seaman under the Seamen Act gets on board the ship in question;

4. Aircraft, air navigation safety facilities, or facilities for landing and taking off of aircraft or for transport of passengers and cargo;

5. Locations storing or depositing materials posing the risk of explosion such as gunpowder and explosives, etc., or toxic materials stipulated under the Control of Harmful Chemical Substances Act; or

6. Other facilities which, if occupied, are likely to suspend or close down production and other major activities or to cause grave danger and harm to public interest and which the Minister of Labor designates as such in consultation with the heads of the central administrative agencies concerned.

Article 22 (Notification for Suspension)

When notifying an order to suspend industrial action pursuant to the provisions of Article 42 (3) of the Act, the Administrative Authorities shall do so in writing, except that they may do so verbally where they deem the situation urgent.

Article 22-2 (Scope of Minimum Services to Be Maintained) The minimum services to be maintained in each essential public service under Article 42-2 (1) of the Act shall be as shown in Table 1.

Article 22-3 (Application, etc., for Decision on Levels of Minimum Services to Be Maintained and Provided, etc.)

(1) Upon receiving the application for a decision on the levels of minimum services to be maintained and provided, the specific work designated as minimum services, the required number of personnel, etc., filed by a party to labor relations pursuant to Article 42-4 (1) of the Act, the competent Labor - 8 -

Relations shall organize without delay a special mediation committee to make the decision.

(2) Upon making a decision on the levels of minimum services to be maintained, etc., pursuant to Article 42-4 (2) of the Act the Labor Relations Commission shall notify the decision to the parties to labor relations in writing and without delay.

(3) If either or both of the parties to labor relations disagree over the way the decision made under paragraph (2) is interpreted or implemented, they may request the competent Labor Relations Commission for an interpretation thereof, in writing and by attaching their opinions.

(4) If the special medication committee makes an interpretation pursuant to Article 42-4 (4) in response to the request for interpretation under paragraph (3), the Labor Relations Commission shall notify the interpretation to the parties to labor relations in writing and without delay.

(5) The procedure for application for a decision on the levels of minimum services to be maintained, etc., under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor.

Article 22-4 (Method of Calculating Number of Strike Participants) (1) The number of strike participants referred to in the latter part of Article 43 (4) of the Act shall be calculated by counting on a daily basis the number of workers who do not perform all or part of their work during the working hours they must work by reason of participation in the strike

(2) An employer may, if necessary for calculating the number of strike participants under paragraph (1), ask for cooperation from the trade union.

Article 23 (Report of Private Mediation or Arbitration) (1) The parties to labor relations shall, when they agree to settle their labor dispute by means of private mediation or arbitration, report this to the competent Labor Relations Commission under the conditions prescribed by the Ordinance of the Ministry of Labor.

(2) The report referred to under the provisions of paragraph (1) may be made even when the mediation or arbitration referred to under the provisions of Chapter V, Sections 2 through 4 of the Act is under way.

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(3) The parties to labor relations may, where the labor dispute fails to be resolved by private mediation or arbitration stipulated under the provision of Article 52 of the Act, apply, under the conditions prescribed by the Ordinance of the Ministry of Labor, to the competent Labor Relations Commission for mediation or arbitration of the dispute pursuant to the provisions of Chapter V, Section 2 or 3 of the Act. In this case, the competent Labor Relations Commission shall start without delay the procedure for the mediation or arbitration as stipulated under the provisions of Chapter V, Section 2 or 3 of the Act.

Article 24 (Application for Mediation, etc., of Labor Dispute) (1) The parties to labor relations shall, when they apply for mediation or arbitration as stipulated under the provisions of Article 53 (1) or 62 of the Act, make an application to the competent Labor Relations Commission under the conditions prescribed by the Ordinance of the Ministry of Labor.

(2) The Labor Relations Commission which has received an application referred to under the provisions of paragraph (1) shall, where it deems the substance of the application not appropriate for the mediation or arbitration as stipulated under the provisions of Chapter V, Section 2 or 3 of the Act, make the parties informed of the reasons for the inappropriateness and of other means of settlement.

Article 25 (Notification of Mediation)

The Labor Relations Commission shall, when it has decided to conduct mediation or arbitration pursuant to the provisions of Articles 53, 62, 78 and 80 of the Act, without delay, inform each of the parties concerned thereof in writing. Article 26 (Composition of Mediation Committee)

The Labor Relations Commission shall, where it conducts mediation of a labor dispute pursuant to the provisions of Article 53 of the Act, set up without delay a mediation committee or a special mediation committee for mediation of the dispute in question.

Article 27 (Request for Interpretation of Mediation Proposal) The parties to labor relations shall, when they request views to be presented on the interpretation and implementation of the mediation proposal stipulated under the provisions of Article 60 (3) of the Act, make the request in writing by entering the - 10 -

contents of the mediation proposal and the opinions of the parties, etc.

Article 28 (Composition of Arbitration Committee) The Labor Relations Commission shall, where it has decided to arbitrate an labor dispute pursuant to the provisions of Article 62 of the Act, without delay set up a arbitration committee for arbitration of the dispute in question. Article 29 (Service of Written Arbitration Award) (1) The Labor Relations Commission shall, when it has conducted arbitration pursuant to the provisions of Article 68 (1) of the Act, without delay serve the written arbitration award to each of the parties concerned.

(2) The National Labor Relations Commission shall, when it has reviewed the arbitration award delivered by a Regional Labor Relations Commission or a Special Labor Relations Commission pursuant to the provisions of Article 69 (1) of the Act, serve the written review decision without delay to the parties concerned and the Labor Relations Commission concerned, respectively.

Article 30 (Request for Interpretation of Arbitration Award) (1) The parties to labor relations may, if there is any disagreement in opinions between the parties over the interpretation and implementation method of the arbitration award stipulated under the provisions of Article 68 (1) of the Act, request the arbitration committee in question to present clear views on the interpretation or implementation method. (2) The request to present opinions referred to in paragraph (1) shall be made in writing entering the contents of the arbitration award in question and the opinions of the parties, etc.

Article 31 (Payment of Allowances, etc.)

In respect of a person designated as a special mediator pursuant to the provisions of the proviso of Article 72 (3) of the Act, allowances and travel expenses payable to the members of the Labor Relations Commission may be given within the limits of the budget for the discharge of his/her functions. Article 32 (Public Announcement of Emergency Adjustment) The public announcement of a decision on emergency adjustment stipulated under the provisions of Article 76 (3) of the Act shall be made on newspapers, radio or in such a - 11 -

manner as to enable the general public to get to know about it as quickly as possible.

Article 33 (Delegation, etc., of Authorities)

(1) Pursuant to the provisions of Article 87 of the Act, the Minister of Labor shall delegate authorities relating to the matters listed in the following subparagraphs to the head of the regional labor office which has jurisdiction over the location of the principal office of a trade union : Provided that this shall not apply with respect to an association of trade unions and a nationwide industry-level trade union :

1. Acceptance of a report of establishment of a trade union under Article 10 (1) of the Act;

2. Issuance of, demand for revision of and return of a certificate of report under Article 12 of the Act;

3. Acceptance of the report of alteration under Article 13 (1) of the Act;

4. Receipt of a notification under Article 13 (2) of the Act;

5. Request for the resolution of the Labor Relations Commission and designation of the person entitled to convoke extraordinary general meetings, etc., under Article 18 (3) and (4) of the Act;

6. Corrective order issued against bylaws, resolution or measures under Article 21 of the Act;

7. Demand for the submission of materials under Article 27 of the Act;

8. Request for the resolution of the Labor Relations Commission under Article 28 (1) 4 of the Act and

acceptance of the report of dissolution under paragraph (2) of the same Article;

9. Acceptance of the report of a collective agreement under Article 31 (2) of the Act and corrective order issued against a collective agreement under paragraph (3) of the same Article;

10. Request for the resolution of the Labor Relations Commission and a decision on and public notice of the expanded regional application of a collective agreement under Article 36 of the Act;

11. Deleted.

12. Request for the resolution of the Labor Relations Commission and notification of an order to suspend industrial action under Article 42 (3) and (4) of the Act; - 12 -

13. Acceptance of the report of lockout under Article 46 (2) of the Act;

14. Imposition of a fine for negligence under Article 96 of the Act;

15. Demand for correction and notification under Article 9 (2) and (3);

16. Acceptance of a written report of alteration and issue of a certificate of report of alteration under Article 10 (2) and (3) (in case of Article 10 (2), delegated to the head of the regional labor office having jurisdiction over the new location of the principal office of the trade union);

17. Acceptance of the report of industrial action under Article 17; and

18. Acceptance of the report of an act of violence, etc., under Article 18

(2) Notwithstanding the provision of paragraph (1), the Minister of Labor may, if it is deemed difficult for the regional labor office having jurisdiction over the location of the principal office of a trade union to handle or necessary for effective operation of tasks, designate a regional labor office and have it handle the case.

Article 34 (Imposition of Fine for Negligence)

(1) When, pursuant to the provisions of Article 96 of the Act, a fine for negligence is imposed, the person to be imposed with the fine for negligence shall be informed in writing specifically of the fact of violation, the amount of the fine for negligence, etc., after the act of violation in question has been investigated and confirmed.

(2) The Administrative Authorities shall, when they intend to impose a fine for negligence pursuant to the provisions of paragraph (1), set a period of ten days or more and give the person to be fined an opportunity to state his opinion orally or in writing within that period. In this case, unless any statement is made by the set date, he/she shall be considered to have no opinion. (3) The Administrative Authorities shall, in determining the amount of a fine for negligence, make allowance for the motive of the act of violation in question and the consequence thereof and the criteria for the imposition are shown in Table 2.

(4) The procedure for imposition of a fine for negligence shall be prescribed by the Ordinance of the Ministry of Labor. - 13 -

Addenda

(1) (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (2) (Repeal of Other Laws)

The Enforcement Decree of the Trade Union Act and the Enforcement Decree of the Labor Dispute Adjustment Act shall be repealed, respectively.

(3) (Relationship to Other Laws)

At the time of entry into force of this Decree, if other Acts or subordinate statutes cite the previous Enforcement Decree of the Trade Union Act, the previous Enforcement Decree of the Labor Dispute Adjustment Act or any provisions thereof and if there exist provisions equivalent thereto under this Decree, such Acts or subordinate statues shall be regarded as citing this Decree or the equivalent provisions of this Decree in lieu of the previous provisions.

Addendum This Decree shall be enter into force on May 1, 1998. Addenda Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (proviso omitted)

Article 2 Omitted.

Article 3 (Revision of Other Laws)

(1) Omitted.

(2) The Enforcement Decree of the Trade Union and Labor Relations Adjustment Act shall be revised as follows : "Aviation security facilities" in subparagraph 4 of Article 21 shall be changed to "air navigation safety facilities". (3) through (5) Omitted.

Addendum This Decree shall enter into force on January 1, 2008.