Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Establishment and Operation of Public Officials' Labor Unions and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Dec. 14, 2011]
Article 2(Notification of establishment of affiliated organizations) #
(1) If a labor union of public officials (hereinafter referred to as "labor union") established pursuant to Article 5 of the Act on the Establishment and Operation of Public Officials' Labor Unions (hereinafter referred to as the "Act") establishes an affiliated organization, such as a branch or sub-branch, the labor union’s representative shall notify the Minister of Employment and Labor or the head of the competent regional employment and labor office of such establishment as follows:
1. In cases of a labor union, which is a federation, labor unions representing the National Assembly, courts, the Constitutional Court, the Election Commission, and the executive branch, and other national unit labor unions: The Minister of Employment and Labor;
2. In cases of labor unions other than those referred to in subparagraph 1: The head of a regional employment and labor office.
(2) Matters necessary for notifying the establishment of an affiliated organization under paragraph (1) shall be prescribed by Decree of the Ministry of Employment and Labor.
[This Article Wholly Amended on Dec. 14, 2011]
Article 3(Scope of public officials prohibited from joining labor unions) #
The scope of public officials who are not eligible to joint a labor union pursuant to Article 6 (2) and (4) of the Act shall be as follows: <Amended on Dec. 16, 2013; Jun. 29, 2021>
1. Any of the following public officials who exercise authority to direct and supervise other public officials or exercise overall control over their duties:
(a) A public official with authority and responsibilities assigned by statutes, regulations, municipal ordinances, or rules to command and supervise other public officials or to manage their work;
(b) A public official mainly engaged in directing, supervising, or exercising overall control over, the performance of the duties of other public officials within the department by assisting the head of the department under directives, division of duties, etc.;
2. A public official performing duties on behalf of an administrative agency in relation to labor unions, such as those handling personnel affairs and repairs, and mainly engaged in any of the following duties (excluding those assisting in simple duties such as data arrangement):
(a) Appointment, service, disciplinary actions, appeals review, remuneration, pensions, or other welfare-related duties for public officials;
(b) Duties relating to a labor union and a public officials’ council under the Act on the Establishment and Operation of Public Officials' Councils;
(c) Preparation and execution of budgets and funds (excluding simple execution);
(d) Management of the organization and prescribed number of personnel in the administrative agency;
(e) Audit and inspection;
(f) Security, order maintenance, the management and protection of government building facilities, secretarial duties, and driving;
3. Any of the following public officials engaged in duties deemed incompatible with labor union membership, such as the coordination and supervision of labor relations, etc.:
(a) A public official in charge of mediation or adjudication cases in the secretariat of the Labor Relations Commission under the Labor Relations Commission Act;
(b) A labor inspector performing his or her duties as a judicial police officer regarding violations of the Labor Standards Act, the Occupational Safety and Health Act, and other labor-related statutes or regulations at the Ministry of Labor and Employment and its affiliated agencies under the Labor Standards Act;
(c) A Seafarer labor inspector performing his or her duties as a judicial police officer regarding violations of the Seafarers Act, the Labor Standards Act, and other statues or regulations related to seafarers’ labor relations under the Seafarers Act;
(d) A public official primarily engaged in duties relating to reporting on the establishment of labor unions, collective agreements, industrial actions, etc. at a local government under the Trade Union and Labor Relations Adjustment Act;
4. Any of the following public officials engaged in duties relating to public welfare and national security, such as correction and investigation:
(a) A public official in the job series of correction, protection, prosecutorial duties, drug investigation, immigration control, and railroad police, among public officials specified in Appendix 1 of the Ordinance on the Appointment of Public Officials;
(b) A public official who is exclusively in charge of investigating tax-related criminal offenses after designated by the Prosecutor General or the chief public prosecutor under statutes or regulations governing punishment procedures for tax offenses;
(c) A public official mainly engaged in investigative duties;
(d) A public official working for the National Intelligence Service.
[This Article Wholly Amended on Dec. 14, 2011]
Article 3-2(Procedures for time-off hours) #
(1) If the representative of a labor union stipulates in a collective agreement the matters regarding time-off policy for public officials under Article 7-2 (1) of the Act, the negotiation procedures under Articles 8 and 9 of the Act shall be followed.
(2) When seeking the Government’s negotiating representative’s consent under the main clause of Article 8 (1) of the Act (hereinafter referred to as the "Government’s negotiating representative") with respect to matters relating to the time-off policy for public officials under Article 7-2 (1) of the Act, the representative of the labor union shall submit a written request for consent, specifying the following:
1. The time-off hours;
2. The number of persons eligible for time-off hours.
(3) Upon receiving a request for consent under paragraph (2), the Government’s negotiating representative may provide consent within the limits on time-off hours and the number of eligible persons (hereinafter referred to as "time-off limits") determined by the Deliberative Committee on Time-Off for Public Officials (hereinafter referred to as the "Deliberative Committee"), taking into account the following pursuant to Article 7-2 (2) and (3) of the Act; in such cases, the Government’s negotiating representative shall notify the labor union representative in writing whether he or she agrees to the matters referred to in the subparagraphs of paragraph (2):
1. The number of union members (referring to union members falling under any of Article 6 (1) 1 through 3 of the Act; hereinafter the same shall apply) for each labor union;
2. The number of full-time officers under Article 7 (2) of the Act.
(4) The Government's negotiating representative may request the representative of the relevant labor union to provide data necessary to verify the number of members for each labor union under paragraph (3) 1. In such cases, the representative of the relevant labor union shall actively cooperate in the provision of data.
(5) If the representative of a labor union has a different opinion on the calculation of the number of union members under paragraph (3) 1, the number of such union members shall be calculated based on union members who have paid membership fees by means of electronic payment, as defined in subparagraph 11 of Article 2 of the Electronic Financial Transactions Act, during the month before the date of request for consent under paragraph (2); provided, if only union members who have jointed at least 2 labor unions and paid membership fees are considered, the number of these unions shall be determined by dividing the number 1 by the number of labor unions to which fees have been paid and adding that figure to the membership count of each union to which fees have been paid.
(6) If the representative of a labor union and the Government’s negotiating representative have established matters relating to the time-off policy for public officials under Article 7-2 (1) of the Act pursuant to paragraphs (1) through (3), they may agree on the validity period not exceeding 3 years.
[This Article Added on Dec. 5, 2023]
Article 3-3(Procedures for finalization and change of employees subject to time-off policy) #
(1) The representative of a labor union shall determine the list of prospective eligible persons for the time-off policy (hereafter in this Article referred to as "prospective eligible persons") and the time-off hours for each prospective eligible person within the limits on the time-off hours and the number of eligible persons established pursuant to Article 3-2 (1) through (3) and shall submit such list and corresponding time-off hours to the Government’s negotiating representative and the appointing authority.
(2) Upon receiving the list of prospective eligible persons and the time-off hours for each prospective eligible person under paragraph (1), the Government's negotiating representative shall designate persons on the relevant list as employees subject to the time-off policy (referring to public officials permitted to perform duties without loss of remuneration under Article 7-2 (1) of the Act; hereinafter referred to as "employees subject to the time-off policy"). In such cases, if the Government's negotiating representative differs from the appointing authority, the Government’s representative may have the appointing authority make a final decision.
(3) The representative of a labor union may change employees subject to the time-off policy if there exists any unavoidable cause or upon receiving a request for change under the former part of paragraph (4). In such cases, paragraphs (1) and (2) shall apply mutatis mutandis to the procedures for changing employees subject to the time-off policy.
(4) If an employee subject to the time-off policy uses time-off hours for purposes other than performing duties referred to in Article 7-2 (1) of the Act, the Government's negotiating representative or the appointing authority may request the representative of a labor union to change the relevant employee subject to the time-off policy. In such cases, the representative of the labor union shall comply with such request unless there is a compelling reason not to do so.
[This Article Added on Dec. 5, 2023]
Article 3-4(Procedures for using time-off hours) #
(1) An employee subject to the time-off policy shall submit an application for using time-off hours to the Government's negotiating representative or the appointing authority, specifying the date and time of use and details of duties, at least 7 days prior to the intended use; provided, in cases of urgent necessity, the application may be filed no later than 1 day in advance.
(2) Upon receiving an application under the main clause of paragraph (1), the Government's negotiating representative or the appointing authority shall approve such application unless there is a compelling reason not to do so; provided, in cases where there are special circumstances, the date, time, etc. of use of the time-off hours may be adjusted in consultation with the employee subject to the time-off policy, citing the grounds for such adjustment.
[This Article Added on Dec. 5, 2023]
Article 3-5(Submission of data by employees subject to annual time-off policy) #
An employee subject to the time-off policy fully exempt from annual working hour requirements (hereafter in Article 3-6 referred to as "employee subject to the annual time-off policy") shall submit the results of use of the time-off policy for the previous month to the Government's negotiating representative or the appointing authority by the 10th day of each month.
[This Article Added on Dec. 5, 2023]
Article 3-6(Methods of disclosure of information on use of time-off policy) #
(1) Pursuant to the former part of Article 7-3 of the Act, the Government's negotiating representative shall disclose the following information by April each year by posting it on the website designated by the Minister of Employment and Labor and keep the information accessible for 3 years:
1. Time-off hours utilized in the preceding year for each labor union and the criteria used to determine them;
2. The number of employees who used the time-off policy in the preceding year for each labor union (classified into employees subject to the annual time-off policy and those partially subject to the time-off policy);
3. The total amount of remuneration paid by each labor union in the preceding year to employees subject to the time-off policy.
(2) Appointing authorities, other than the Government’s negotiating representative, shall submit the information under paragraph (1) 2 and 3 to the Government’s negotiating representative by March 31 each year, pursuant to the latter part of the Article 7-3 of the Act.
[This Article Added on Dec. 5, 2023]
Article 3-7(Service and remuneration for employees subject to time-off policy) #
Matters relating to the service management, remuneration, etc. for persons subject to the time-off policy pursuant to Article 7-2 of the Act shall be governed by the relevant statutes or regulations, such as the provisions regarding service and remuneration under the State Public Officials Act and the Local Public Officials Act.
[This Article Added on Dec. 5, 2023]
Article 3-8(Qualification standards for Deliberative Committee members) #
(1) The qualification standards for persons who may be recommended as members of the Deliberative Committee by a national labor organization, a labor organization of public officials, or the Government’s negotiating representative, pursuant to Article 24-2 (5) 1 and 2 of the Trade Union and Labor Relations Adjustment Act, as applied mutatis mutandis under Article 17 (2) of the Act, shall be as follows:
1. A former or current executive officer of a national labor organization or a public officials’ labor organization;
2. A person serving as a public official of Grade III or an equivalent or higher grade, or a member of the Senior Executive Service.
(2) The qualification standards for persons eligible to be recommended as members representing public interest under Article 24-2 (5) 3 of the Trade Union and Labor Relations Adjustment Act, as applied mutatis mutandis pursuant to Article 17 (2) of the Act, shall be as follows:
1. A person who majored in labor-related studies and has at least five years’ work experience as a teacher or researcher under Article 14 (2) of the Higher Education Act at a school under subparagraph 1, 2, or 5 of Article 2 of that Act, or at an officially recognized research institute;
2. Any other person deemed to have knowledge and experience falling under subparagraph 1.
[This Article Added on Dec. 5, 2023]
Article 3-9(Term of office of Deliberative Committee members) #
(1) The term of office of each member of the Deliberative Committee shall be 3 years.
(2) If a vacancy occurs in the Deliberative Committee, a member filling the vacancy shall serve for the remainder of the predecessor's term.
(3) Members of the Deliberative Committee shall continue to perform their duties even after their term of office has expired until a successor is appointed.
[This Article Added on Dec. 5, 2023]
Article 4(Non-negotiating matters) #
Matters relating to the management and operation of the institution, such as policy-making by the State or a local government under its authority, pursuant to statutes or regulations, etc. under the proviso of Article 8 (1) of the Act shall be as follows:
1. Policy-making, such as the planning of policies or the formulation of plans;
2. Exercise of appointment rights, such as the employment, promotion, and transfer of public officials;
3. The institution’s organization and prescribed number of personnel;
4. Formulation and execution of budgets and funds;
5. Lawsuits (including applications for objection) to which an administrative agency is a party;
6. Other matters relating to the management and operation of the institution.
[This Article Wholly Amended on Dec. 14, 2011]
Article 5(Notification of Delegation of Bargaining Rights) #
When the Government’s negotiating representative engages in joint negotiations with other representatives or delegates the authority to negotiate or conclude a collective agreement pursuant to Article 8 (3) through (5) of the Act, the representative shall notify the other party of such fact. In such cases, the names of the Government’s negotiating representative and the relevant institutions, etc. and the details of the delegation shall be specified. <Amended on Dec. 5, 2023>
[This Article Wholly Amended on Dec. 14, 2011]
Article 6(Timing of request for negotiation) #
A request for negotiations under Article 9 (2) of the Act shall be made between 3 months before the expiration of the validity period of a collective agreement and 30 days prior to the scheduled commencement date of negotiations, as prescribed by Decree of the Ministry of Employment and Labor.
[This Article Wholly Amended on Dec. 14, 2011]
Article 7(Public announcement of request for negotiations and participation in negotiations) #
(1) Upon receiving a request for negotiation from a labor union pursuant to Article 9 (3) of the Act, the Government's negotiating representative shall, without delay, publicly announce such fact on his or her website or on the bulletin board <Amended on Jun. 29, 2021>
(2) A labor union which intends to participate in negotiation pursuant to Article 9 (3) of the Act shall submit a request to the Government's negotiating representative, within 7 days from the date of the public announcement under paragraph (1), as prescribed by Decree of the Ministry of Employment and Labor.
(3) The Government’s negotiating representative shall, without delay, publicly announce the labor union that has made a request for negotiation pursuant to Article 9 (2) and (3) of the Act (hereinafter referred to as "negotiating labor union") on his or her website or on the bulletin board after the expiration of the negotiation request period under paragraph (2), and shall notify the negotiating labor union of such announcement. <Amended on Jun. 29, 2021>
(4) The Government’s negotiating representative may reject a request for negotiation from a labor union that has not made such request within the negotiation request period under Article 6 and paragraph (2).
[This Article Wholly Amended on Dec. 14, 2011]
Article 8(Appointment of negotiating members) #
(1) A negotiating labor union shall appoint negotiating members under Article 9 (1) of the Act (hereinafter referred to as "negotiating members") within 20 days from the date of the public announcement under Article 7 (3) and notify the Government’s negotiating representative of such appointment in writing, signed or sealed by the representative of the negotiating labor union. In such cases, the number of negotiating members shall be determined in consideration of the size of the organization, etc., but shall not exceed 10 members. <Amended on Jun. 29, 2021>
(2) If there are 2 or more negotiating labor unions, the unions shall unify their bargaining channels by appointing negotiating members according to an agreement between the negotiating labor unions; provided, if an agreement cannot be reached within the period under the former part of paragraph (1), negotiating members shall be appointed in proportion to the number of members for each negotiating labor union (referring to the number of union members falling under Article 6 (1) 1 through 3 of the Act; hereafter in this Article the same shall apply) within 20 days from the expiration of the period under the former part of paragraph (1). <Amended on Jun. 29, 2021>
(3) When appointing negotiating members pursuant to paragraph (2), the negotiating labor unions shall consult in good faith on the standards, methods, etc. necessary to verify the number of members in the relevant negotiating labor union, and shall actively cooperate by providing necessary materials, etc. <Added on Jun. 29, 2021>
(4) In the event of a disagreement regarding the calculation of the number of union members under the proviso of paragraph (2) and (3), the number of such union members shall be determined based on the number of those who have paid their membership fees by means of electronic payment, as defined in subparagraph 11 of Article 2 of the Electronic Financial Transactions Act during the month before the public announcement of the negotiating labor union under Article 7 (3); provided, if only union members who have joined 2 or more labor unions and have paid membership fees, are considered, the number of such members shall be determined by dividing the number 1 by the of labor unions to which fees have been paid, and then adding the calculated figure to the membership count of each union to which fees have been paid. <Added on Jun. 29, 2021>
[This Article Wholly Amended on Dec. 14, 2011]
Article 9(Preparation for, and commencement of negotiations) #
When the appointment of a negotiating member is notified pursuant to Article 8 (1), the parties to labor relations shall, without delay, consult the details of negotiation, the date, time, and place of negotiation, and other matters necessary for negotiation before commencing negotiations.
[This Article Wholly Amended on Dec. 14, 2011]
Article 10(Notification of implementation of collective agreement) #
Pursuant to Article 10 (1) of the Act, the Government's negotiating representative shall notify the other party in writing of the implementation results of provisions of the collective agreement which are not effective as part of the collective agreement, not later than 3 months prior to the expiration of the validity period of the relevant agreement.
[This Article Wholly Amended on Dec. 14, 2011]
Article 11(Notification of mediation or arbitration of labor disputes) #
(1) If the National Labor Relations Commission under Article 2 of the Labor Relations Commission Act (hereinafter referred to as the "National Labor Relations Commission") engages in mediation or arbitration under Article 12 or 13 of the Act, it shall, without delay, notify the relevant parties of such fact in writing. <Amended on Jun. 29, 2021>
(2) Upon receiving an application for mediation or arbitration under Article 12 or subparagraph 1 of Article 13 of the Act, and if the details of the application are not deemed subject to mediation or arbitration under Article 12 or 13 of the Act, the National Labor Relations Commission shall notify the applicant of the grounds for such decision and any alternative solution, other than mediation or arbitration.
(3) The methods for filing an application for mediation or arbitration under Article 12 or subparagraph 1 of Article 13 of the Act shall be prescribed by Decree of the Ministry of Employment and Labor.
[This Article Wholly Amended on Dec. 14, 2011]
Article 12(Composition of the Public Officials' Labor Relations Adjustment Committee) #
(1) One of the public interest members of the Public Officials’ Labor Relations Adjustment Committee under Article 14 (2) of the Act (hereinafter referred to as the "Committee") shall be a full-time member.
(2) When recommending public interest members pursuant to Article 14 (3) of the Act, the Chairperson of the National Labor Relations Commission may hear the opinions of the relevant institutions or organizations.
(3) The chairperson of a subcommittee under Article 15 of the Act (hereinafter referred to as "subcommittee"), shall be appointed by the chairperson of the Committee from among the members of the subcommittee, in consultation with the Chairperson of the National Labor Relations Commission, and the subcommittee’s chairperson shall preside over meetings of the subcommittee.
[This Article Wholly Amended on Dec. 14, 2011]
Article 13(Notification of application for remedy for unfair labor practices) #
Upon receiving an application for remedy from a public official or a labor union pursuant to Article 82 of the Trade Union and Labor Relations Adjustment Act, the Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act shall, without delay, notify the administrative agency, which is the other party, and the competent appeals review committee of such fact.
[This Article Wholly Amended on Dec. 14, 2011]
Article 14(Relationship to other Presidential Decrees) #
(1) Except as provided in paragraph (2), matters not prescribed by this Decree relating to the adjustment of trade unions and labor relations for public officials or persons falling under Article 6 (1) 4 of the Act shall be governed by the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act. In such cases, "the Minister of Employment and Labor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereinafter referred to as "administrative agency")" in the provisions, with the exception of the subparagraphs, of Article 9 (1) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act shall be construed as "the Minister of Employment and Labor"; "employer of the business or workplace in question or employers' association" in Articles 9 (3), 11 (2), and 13 (4) of that Decree as "head of the relevant agency"; "businesses or workplaces" in Article 10 (4) of that Decree as “agency”; “the Committee” in Article 11-3 and 11-6 of that Decree as “the Deliberative Committee”; “the Labor Relations Commission” in Article 29 (1) of that Decree as “the National Labor Relations Commission”; “the arbitration committee” in Article 30 (1) of that Decree as “Public Officials’ Labor Relations Adjustment Committee”; “trade union in the form of an associated organization and a nationwide, industrial unit trade union” in the proviso, with the exception of the subparagraphs, of Article 33 (1) of that Decree as “labor union, which is a federation, labor unions representing the National Assembly, courts, the Constitutional Court, the Election Commission, and the executive branch, and other national unit labor unions”; “Article 96 of the Act” in subparagraph 14 of that paragraph as “Article 96 of the Act (excluding paragraph (1) 3 of that Article)”;“worker” in that Decree as “persons falling under Article 6 (1) 4 of the Act; and “administrative agency” as “the Minister of Employment and Labor”. <Amended on Jun. 29, 2021; Dec. 5, 2023>
(2) Articles 7, 8, 11 (1) 4, 11-2, 11-4, 11-5, 14, 14, 14-2 through 14-12, 17, 18, 20 through 22, 22-2 through 22-4, 23 through 26, 28, 29 (2), 31, 32, 33 (1) 10, 12, 13, 17, and 18 of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act shall not apply to labor unions. <Amended on Dec. 5, 2023>
[This Article Wholly Amended on Dec. 14, 2011]