Article 1(Purpose) #
The purpose of this Act is to prescribe matters relating to the establishment, operation, etc. of labor unions for public officials pursuant to the proviso of Article 5 (1) of the Trade Union and Labor Relations Adjustment Act in order to guarantee to public officials the basic labor rights under Article 33 (2) of the Constitution of the Republic of Korea. <Amended on Jan. 5, 2021>
[This Article Wholly Amended on Mar. 17, 2010]
Article 2(Definitions) #
"Public official" in this Act means public officials prescribed in Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, provided, public officials engaged in de facto labor under the proviso of Article 66 (1) of the State Public Officials Act and the proviso of Article 58 (1) of the Local Public Officials Act and teachers governed by the Act on the Establishment and Operation of Teachers' Unions shall be excluded.
[This Article Wholly Amended on Mar. 17, 2010]
Article 3(Guarantee and limitation of labor union activities) #
(1) The main clause of Article 66 (1) of the State Public Officials Act and the main clause of Article 58 (1) of the Local Public Officials Act shall not apply to the organization, membership, or legitimate activities of a labor union of public officials under this Act (hereinafter referred to as "labor union").
(2) Public officials shall not engage in any activities that conflict with their duties as public officials prescribed in other statutes or regulations.
[This Article Wholly Amended on Mar. 17, 2010]
Article 4(Prohibition of political activities) #
A labor union and its members shall be prohibited from engaging in political activities.
[This Article Wholly Amended on Mar. 17, 2010]
Article 5(Establishment of labor union) #
(1) Public officials who intend to establish a labor union shall organize it within the following minimum units: the National Assembly, the court, the Constitutional Court, the Election Commission, the Executive Branch, the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, Si/Gun/Gu (referring to an autonomous Gu), or an office of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. <Amended on May. 20, 2014>
(2) A person who intends to establish a labor union shall submit a report to the Minister of Employment and Labor. <Amended on Jun. 4, 2010>
[This Article Wholly Amended on Mar. 17, 2010]
Article 6(Scope of membership) #
(1) The following persons shall be eligible to join a labor union: <Amended on May. 23, 2011; Dec. 11, 2012; Jan. 5, 2021>
1. Members in general service;
2. Foreign service officials in the functional category of foreign affairs and consulate or foreign service information and technology, firefighting officials, and educational officials, among public officials in special service (provided, teachers shall be excluded);
3. Public officials in extraordinary civil service;
4. Former public officials falling under any of subparagraphs 1 through 3, who are prescribed by the rules of the labor union;
5. Deleted. <May 23, 2011>
(2) Notwithstanding paragraph (1), any of the following public officials shall be prohibited from joining a labor union: <Amended on Jan. 5, 2021>
1. Public officials who exercise authority to direct and supervise other public officials or who are responsible for exercising overall control over the duties of other public officials;
2. Public officials engaged in affairs inappropriate to the union membership status, such as those involving personnel affairs, remuneration, or adjustment and supervision of labor relations;
3. Public officials engaged in affairs relating to public welfare and national security such as correctional and investigative affairs;
4. Deleted. <Jan. 5, 2021>
(3) Deleted. <Jan. 5, 2021>
(4) The scope of public officials under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 17, 2010]
Article 7(Status of full-time union officers) #
(1) With the consent of the appointing authority, a public official may exclusively engage in the affairs of the labor union, while receiving wages from the labor union. <Amended on Jun. 10, 2022>
(2) Pursuant to Article 71 of the State Public Officials Act or Article 63 of the Local Public Officials Act, a person who exclusively engages in the affairs of the labor union with the consent under paragraph (1) (hereinafter referred to as "full-time officer") shall be issued an order to take a leave of absence.
(3) Deleted. <Jun. 10, 2022>
(4) The State and local governments shall not give any unfavorable treatment to a public official, including salary grade elevation or other aspects of status on the grounds of serving as a full-time officer.
[This Article Wholly Amended on Mar. 17, 2010]
Article 7-2(Employees subject to the time-off policy) #
(1) Subject to a collective agreement or the consent of the Government's negotiating representative under Article 8 (1) (hereafter in this Article and Article 7-3 referred to as the "Government's negotiating representative"), a public official may engage in affairs prescribed in this Act or other statutes, such as consultation, negotiation, grievance handling, safety and health activities, etc., as well as affairs to maintain labor unions for the sound development of labor-management relations without loss of remuneration, to the extent that they do not exceed the time-off limits determined pursuant to paragraphs (2) and (3).
(2) A Deliberative Committee on Time-Off for Public Officials (hereafter in this Article referred to as the "Deliberative Committee") shall be established in the Economic, Social and Labor Council under the Economic, Social and Labor Council Act to determine the limit on time-off hours and the number of eligible persons (hereinafter referred to as "time-off limits").
(3) The Deliberative Committee shall take into consideration the number of union members (referring to union members falling under Article 6 (1) 1 through 3) based on the minimum units required for establishing a labor union under Article 5 (1), and shall deliberate and decide on the time-off limits by reflecting the characteristics of labor-management relations among public officials, such as the organizational structures, bargaining frameworks, and scope of the labor union, and may re-deliberate and decide on the appropriateness of these limits every 3 years.
(4) Any provision of a collective agreement or consent of the Government's negotiating representative that exceeds the time-off limits, in violation of paragraph (1), shall be null and void only to the extent that exceeds the prescribed limits.
[This Article Newly Inserted on Jun. 10, 2022]
Article 7-3(Disclosure of information on use of time-off hours) #
The Government's negotiating representative shall disclose information on the time-off hours granted, the number of employees using them, the remuneration paid, etc. for each labor union in the previous year, as prescribed by Presidential Decree, so that citizens can be aware of them. In such cases, the appointing authority other than the Government's negotiating representative shall submit data related to the relevant agency's time-off policy to the Government's negotiating representative.
[This Article Newly Inserted on Jun. 10, 2022]
Article 8(Authority to negotiate and conclude negotiations) #
(1) The representative of a labor union shall have the authority to negotiate with and enter into a collective agreement with any of the following persons: the Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court, the Secretary General of the National Election Commission, the Minister of Personnel Management (representing the Executive Branch), the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu), or the superintendent of education of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "Government's negotiating representative") on matters relating to the labor union, remuneration, welfare, and other working conditions of its members; provided, matters relating to the management and operation of the institution, such as policy-making exercised by the State or a local government under its authority pursuant to statutes or regulations, etc. and the exercise of appointment rights, which are not directly related to working conditions, shall not be subject to negotiations. <Amended on Mar. 23, 2013; May 20, 2014; Nov. 19, 2014>
(2) When a labor union requests negotiations on matters that fall under the Government's negotiating representative’s authority to manage or decide pursuant to statutes or regulations, etc., he or she shall comply with such request unless there is good cause. <Amended on May. 26, 2020>
(3) If necessary for efficient negotiations, the Government's negotiating representative may engage in joint negotiations with other representatives or delegate the authority to negotiate and conclude collective agreements thereto.
(4) The Government's negotiating representative may, if necessary for efficient negotiations, have the heads of relevant agencies other than the Government's negotiating representative participate in negotiations, and may delegate the authority to negotiate and conclude collective agreements on matters managed or decided by the heads of other agencies to the heads of the relevant agencies.
(5) If the Government's negotiating representative or the head of another agency conducts collective bargaining pursuant to paragraphs (2) through (4), he or she may require public officials under his or her jurisdiction to negotiate and conclude collective agreements.
[This Article Wholly Amended on Mar. 17, 2010]
Article 9(Procedures for negotiation) #
(1) For collective negotiations under Article 8, a labor union shall establish a negotiation committee comprised of labor union representatives and union members.
(2) If a labor union representative intends to negotiate with the Government's negotiating representative pursuant to Article 8, he or she shall submit a written request to the Government's negotiating representative with authority over the matters subject to negotiation.
(3) Upon receipt of a request for negotiation from the labor union pursuant to paragraph (2), the Government's negotiating representative shall publicly announce the receipt of the request to allow the relevant labor union to participate in the negotiation process.
(4) If at least 2 labor unions are requesting negotiations pursuant to paragraphs (2) and (3), the Government's negotiating representative may request the relevant unions to unify their bargaining channels. If the bargaining channel is unified, the representative shall comply with the request. <Amended on Jan. 5, 2021>
(5) If the Government's negotiating representative concludes a collective agreement with a relevant labor union pursuant to paragraphs (1) through (4), he or she may refuse to bargain during the validity period of the collective agreement, even if another union which did not participate in the conclusion of the collective agreement requests bargaining.
(6) Matters necessary for the procedures, etc. for collective bargaining under paragraphs (1) through (5) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 17, 2010]
Article 10(Effect of collective agreement) #
(1) Any provision of a collective agreement concluded pursuant to Article 9 provided in statutes, regulations, municipal ordinances, or budgets, or provisions provided under the authority of statutes, regulations, or municipal ordinances shall not take effect as part of a collective agreement.
(2) The Government's negotiating representative shall endeavor to ensure that the provisions of a collective agreement that are not effective as a collective agreement under paragraph (1) are implemented in good faith.
[This Article Wholly Amended on Mar. 17, 2010]
Article 11(Prohibition of industrial actions) #
A labor union and its members shall not engage in strikes, sabotage, or any other industrial actions that interfere with the normal business operations. <Amended on May 26, 2020>
[This Article Wholly Amended on Mar. 17, 2010]
Article 12(Application for mediation) #
(1) If collective bargaining under Article 6 falls apart, either or both parties may file an application for mediation of the labor dispute with the National Labor Relations Commission under Article 2 of the Labor Relations Commission Act (hereinafter referred to as "National Labor Relations Commission"). <Amended on Jan. 5, 2021>
(2) Upon receiving the application for mediation filed by either or both parties pursuant to paragraph (1), the National Labor Relations Commission shall, without delay, commence mediation. In such cases, both parties shall participate in mediation in good faith.
(3) The National Labor Relations Commission may prepare a mediation proposal, present it to the relevant parties, and recommend their acceptance, and at the same time may publish the proposal with reasons attached. In such cases, the National Labor Relations Commission may, if necessary, request cooperation from newspapers, broadcast outlets, etc.
(4) Mediation shall be concluded within 30 days of receiving the application for mediation under paragraph (1); provided, if the relevant parties agree, the mediation period may be extended by up to 30 additional days.
[This Article Wholly Amended on Mar. 17, 2010]
Article 13(Commencement of arbitration) #
The National Labor Relations Commission shall, without delay, commence arbitration in any of the following cases:
1. Where both parties jointly request arbitration after collective bargaining under Article 8 fails to reach an agreement;
2. Where the Public Officials’ Labor Relations Adjustment Committee decides to refer the case to arbitration at a plenary meeting under Article 14 due to the failure to mediate the dispute under Article 12.
[This Article Wholly Amended on Mar. 17, 2010]
Article 14(Composition of the Public Officials' Labor Relations Adjustment Committee) #
(1) If collective bargaining under Article 8 fails to reach an agreement, a Public Officials' Labor Relations Adjustment Committee (hereinafter referred to as the "Committee") shall be established in the National Labor Relations Commission to mediate and arbitrate such bargaining.
(2) The Committee shall be comprised of not more than 7 public interest members exclusively in charge of mediation and arbitration of labor relations involving public officials.
(3) Notwithstanding Articles 6 and 8 of the Labor Relations Commission Act, public interest members referred to in paragraph (2) shall be commissioned by the President upon the recommendation of the chairperson of the National Labor Relations Commission and at the request of the Minister of Employment and Labor, from among persons who have knowledge of, and experience in, issues related to public officials or labor or persons of high social standing. <Amended on Jun. 4, 2010>
(4) If public interest members are commissioned pursuant to paragraph (3), a separate quota for public interest members shall be deemed to exist, notwithstanding Article 6 (2) of the Labor Relations Commission Act.
[This Article Wholly Amended on Mar. 17, 2010]
Article 15(Operation of meetings) #
(1) The Committee shall have a plenary session and subcommittees.
(2) The plenary session shall be comprised of all public interest members under Article 14 (2), and shall be in charge of the following matters:
1. Mediating labor disputes around the country;
2. Deciding whether to refer disputes to arbitration;
3. Issuing arbitration awards.
(3) A subcommittee shall be comprised of 3 persons appointed by the chairperson of the Committee in consultation with the chairperson of the National Labor Relations Commission, and shall be responsible for mediation cases not addressed in the plenary session.
[This Article Wholly Amended on Mar. 17, 2010]
Article 16(Finalization of arbitration awards) #
(1) If the relevant parties deem that an arbitration award rendered by the National Labor Relations Commission is unlawful or exceeds its authority, they may file an administrative suit with the chairperson of the National Labor Relations Commission within 15 days of receiving the arbitration award, notwithstanding Article 20 of the Administrative Litigation Act.
(2) If no administrative suit is filed within the period referred to in paragraph (1), the arbitration award shall become final.
(3) When the arbitration award becomes final pursuant to paragraph (2), the relevant parties shall comply therewith.
(4) No administrative suit filed pursuant to paragraph (1) shall suspend the effect of the arbitration award rendered by the National Labor Relations Commission.
(5) The finalized arbitration award under paragraph (2) shall have the same effect as a collective agreement under Article 10.
(6) The National Labor Relations Commission may, if necessary, notify the National Assembly, local councils, the heads of local governments, etc. of the details of the finalized arbitration award.
[This Article Wholly Amended on Mar. 17, 2010]
Article 17(Relationship to other statutes) #
(1) The provisions of this Act shall not prevent public officials from establishing and operating a public officials' council pursuant to the Act on the Establishment and Operation of Public Officials' Councils.
(2) Except as provided in paragraph (3), the Trade Union and Labor Relations Adjustment Act shall apply to matters not provided in this Act relating to labor unions and the mediation of labor relations applicable to public officials (including persons falling under Article 6 (1) 4). In such cases, "collective bargaining or industrial action" in Article 3 of the Trade Union and Labor Relations Adjustment Act shall be construed as "collective bargaining"; "collective bargaining and industrial action" in the main clause of Article 4 shall be construed as "collective bargaining"; "trade union in the form of the associated organization and the unit trade union extending over not less than two Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Province, to the Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors in cases of the unit trade union extending over not less than two Sis/Guns/Gus (referring to an autonomous Gu), and to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter in Article 12 (1) the same shall apply)" in the provisions, with the exception of the subparagraphs, of Article 10 (1) as “to the Minister of Employment and Labor”; “the Minister of Employment and Labor, the Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "administrative agencies")” in Article 12 (1) as “the Minister of Employment and Labor”; “the Committee” in Article 24-2 (3) through (8) as “Deliberative Committee”; “workers” as “public officials”; “labor organizations” as “labor or public officials‘ organizations”; “employers”, “nationwide organizations of employers”, and “organizations of employers” as “the Government’s negotiating representative”; “employers” in Article 30 (1) and (2) as “the Government‘s negotiating representative”; “the mediation committee or the single mediator” in Articles 58, 60 (2) through (4), and 61 (3) as “Public Officials’ Labor Relations Adjustment Committee”; "chairman of the mediation committee or the single mediator" in Article 59 as "chairperson of the Public Officials' Labor Relations Adjustment Committee"; "mediation proposal as referred to in paragraph (1)" in Article 60 (3) as "mediation proposal"; “all the members of the mediation committee or the single mediator” in Article 61 (1) as “all the members of the Public Officials‘ Labor Relations Adjustment Committee”; “the arbitration committee” in Articles 66 (1), 67, and 68 (2) as “Public Officials’ Labor Relations Adjustment Committee”; Articles 88 through 93“ in Article 94 as ”Article 93“; ”workers“, "employers" (excluding "employers" in Article 30 of that Act), "administrative agency" in that Act as “public officials (including those falling under Article 6 (1) 4)“, "person who acts on behalf of the head of an institution with respect to matters relating to the head of the institution or public officials", and "Minister of Employment and Labor", respectively. <Amended Jun. 4, 2010; May 20, 2014; Jan. 5, 2021; Jun. 10, 2022>
(3) Subparagraph 4 (d) of Article 2, Articles 24, 24-2 (1) and (2), 29, 29-2 through 29-5, 36 through 39, 41, 42, 42-2 through 42-6, 43 through 46, 51 through 57, 60 (1) and (5), 62 through 65, 66 (2), 69 through 73, 76 through 80, the proviso of subparagraph 2 of Article 81 (1), Articles 88 through 92, and Article 96 (1) 3 of the Trade Union and Labor Relations Adjustment Act shall not apply to the labor unions under this Act. <Amended on Jan. 5, 2021; Jun. 10, 2022>
[This Article Wholly Amended on Mar. 17, 2010]
Article 18(Penalty provisions) #
Any person who engages in a strike, sabotage, or any other activity that obstructs the normal operation of business, in violation of Article 11, shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won.
[This Article Wholly Amended on Mar. 17, 2010]