Republic of Korea > Freedom of association, collective bargaining and industrial relations

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Enforcement Decree of the Framework Act on Labor Welfare (Presidential Decree No. 17434). (근로복지기본법 시행령) -

Adoption: 2001-12-27 | KOR-2001-R-78638

Implements the Framework Act on Labor Welfare, 2001.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Law, Act

Act on Establishment and Operation of Trade Unions for Teachers, 1999 (No. 5727). (교원의 노동조합 설립 및 운영 등에 관한 법률 ( 약칭: 교원노조법 )) -

Adoption: 1999-01-29 | KOR-1999-L-64976

Regulates establishment and organisation of trade unions for teachers, in conjunction with Trade Union and Labour Relations Adjustment Act. Also provides for collective bargaining, effect of collective agreements, and settlement of labour disputes. Section 8 establishes that trade unions and its members shall be prohibited from taking any industrial action, including strikes, work slowdowns and other activities hindering normal business operations.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (Presidential Decree No. 15321). -

Adoption: 1997-03-27 | Date of entry into force: 1997-03-27 | KOR-1997-R-51004

Regulates the registration and dissolution of trade unions, association of trade unions with union federations, and reporting of industrial actions, collective agreements, acts of violence, and applications for mediation and arbitration. Repeals the Enforcement Decree of the Trade Union Act and the Enforcement Decree of the Trade Disputes Adjustment Act.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Enforcement Decree of the Labor Relations Commission Act (Presidential Decree No. 15322). -

Adoption: 1997-03-27 | KOR-1997-R-51005

Regulates membership of the Labor Relations Commission.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

Enforcement Decree of the Act concerning the Promotion of Worker Participation and Cooperation (Presidential Decree No. 15323). -

Adoption: 1997-03-27 | Date of entry into force: 1997-03-27 | KOR-1997-R-51006

Exempts businesses with less than 30 employees from the requirement to establish a labour-management council. Also regulates membership of councils, procedures, and membership in the Labour-Management-Government Councils.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Law, Act

Trade Union and Labor Relations Adjustment Act (Law No. 5310). -

Adoption: 1997-03-13 | Date of entry into force: 1997-03-13 | KOR-1997-L-46398

Comprehensive legislation covering labour relations and trade unions. Chapter II relates to trade unions. Workers shall be free to establish and join trade unions which must be certified by the Minister of Labor. Members of trade unions shall not be discriminated against on the basis of race, sex, religion, politics or social status (s. 9). Chapter III concerns collective bargaining and collective agreements. Collective agreements shall not have a term of effectiveness for more than two years, and where an agreement applies to more than half of the workers of one type of employment at a workplace, it shall apply to the other workers of that particular type of employment as well. In addition, the Minister of Labor may decide that where a collective agreement applies to more than two-thirds of workers employed in the same kind of job in one geographic area, that agreement shall also apply to other workers employed in similar jobs within the same area (s. 36). Chapter IV covers industrial action. Inter alia, proscribes industrial action by persons employed in defense related industries, and prohibits the hiring of replacement workers during a strike. Employers may conduct a lock-out once a strike has been commenced. Chapter V regards adjustment of labour disputes, including mediation and arbitration, and special procedures for industrial action in essential services. The Minister of Labor may make an emergency adjustment during an industrial action in the public sector, during which any strike shall be suspended. Chapter VI deals with unfair labour practices and prohibits dismissal of employees for participating in trade unions or industrial action. Penal provisions are contained in Chapter VIII. Amended by Act No. 5511 of 20 February 1998. Consolidated text available.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Law, Act

Labor Relations Commission Act (Law No. 5311). -

Adoption: 1997-03-13 | Date of entry into force: 1997-03-13 | KOR-1997-L-46399

Establishes the Labor Relations Commission which shall be composed of the Central Labor Relations Commission, the Regional Labor Relations Commission, and the Special Labor Relations Commission. The Commission shall be responsible for the adjustment of industrial disputes which fall under its jurisdiction. Covers composition of the Commission, qualification requirements of its members, and powers of the Commission to investigate. Available in English, consolidated.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Law, Act

Promotion of Worker Participation and Cooperation Act (Act No. 5312). (근로자참여 및 협력증진에 관한 법률) -

Adoption: 1997-03-13 | Date of entry into force: 1997-03-13 | KOR-1997-L-46400

Each business or workplace shall establish a Labor-Management Council which shall decide on matters related to working conditions. The Council shall be composed of an equal number of members representing labor and management. Specifically, the Council shall decide on matters related to, inter alia, improvement of productivity, recruitment, training and placement of workers, occupational safety and health, wage and payment of wages, hours of work and rest periods, employee's stock ownership and profit sharing, and welfare of workers. Businesses and workplaces shall also designate Grievance Handling Members who shall deal with workers' grievances and report to the Council. A Central Consultative Body among Workers, Employers and the Government shall be established to consult on general labor issues such as industrial relations, employment, and national industry. Available in English, consolidated.

Republic of Korea - Freedom of association, collective bargaining and industrial relations - Law, Act

Provision Exceptional Law concerning Labor Unions and the Settlement of Labor Disputes in Foreign Invested Firms. No. 2192.

Adoption: 1970-01-01 | KOR-1970-L-5228

Establishes a special mediation committee to resolve disputes; requires anyone wishing to establish a union in a foreign-invested firm to submit an application.