Article 1(Purpose) #
The purpose of this Decree is to provide for matters delegated from the Act on Support for the Improvement in Labor-Management Relations and matters necessary for the enforcement of the delegated matters.
Article 2(Establishment, composition, and functions of local council of workers, employers, residents and local government) #
(1) The head of a local government may establish a local council of workers, employers, residents, and a local government (hereinafter referred to as the "Council"), which is composed of local workers, employers, residents, and the local government, under the local government to deliberate on matters which require cooperation among workers, employers, residents and the local government (hereinafter referred to as "local workers, employers, residents, and government") within the jurisdiction of the relevant local government pursuant to Article 3(1) of the Act on Support for the Improvement in Labor-Management Relations (hereinafter referred to as the "Act").
(2) The Council shall be composed of not more than 30 members including the Chairperson. <Amended on Apr. 16, 2012>
(3) The head of the relevant local government shall serve as the Chairperson of the Council; provided, if necessary for an efficient and fair operation of the Council, one person who is elected by the Council from among its members falling under paragraph (4)3 shall serve as the Chairperson jointly with the head of the relevant local government. <Amended on Apr. 16, 2012>
(4) The head of a local government shall appoint members of the Council from among any of the following persons within the jurisdiction of the relevant local government: <Added on Apr. 16, 2012>
1. Persons who represent workers;
2. Persons who represent employers;
3. Persons who represent residents or have extensive knowledge of and experience in labor-management relations, employment, economics and social issues;
4. Persons who represent the local government or a local employment and labor office.
(5) The Council shall deliberate on the following; provided, where a local employment council under Article 10(1) of the Framework Act on Employment Policy or a Si/Gun/Gu employment council under Article 17(1) of the Enforcement Decree of the aforesaid Act has already deliberated on any of the following matters, the Council may choose not to deliberate on the relevant matters: <Amended on Apr. 16, 2012>
1. Matters concerning the revitalization of the regional labor market, such as regional job creation and human resource development;
2. Matters concerning the stability of regional labor-management relations;
3. Matters concerning regional economic development;
4. Other matters deemed necessary by the head of the local government to promote cooperation among local workers, employers, residents and the government.
(6) Except as otherwise provided for in this Decree, matters necessary for the composition and operation of the Council and the establishment, composition, etc. of a subordinate consultative body and secretariat shall be prescribed by ordinance of a local government. <Amended on Apr. 16, 2012>
Article 3(Support for promotion of cooperation among local workers, employers, residents and government) #
Where the Council has been established, the Minister of Employment and Labor and the head of a local government may subsidize expenses incurred in smooth operation of the Council and reinvigorating cooperation among local workers, employers, residents and government within the budgetary limits pursuant to Article 3(1) and (2) of the Act.
Article 4(Awarding monetary prizes) #
The Minister of Employment and Labor shall prescribe matters necessary for persons eligible to receive a monetary prize, the amount of the prize, screening criteria, the scope of use, etc. under Article 3(3) of the Act.
Article 5(Composition of Labor-Management Relations Improvement Committee) #
(1) The Labor-Management Relations Improvement Committee (hereinafter referred to as the "Committee") under Article 5 of the Act shall be composed of not more than 15 members including one Chairperson.
(2) The Chairperson of the Committee shall be elected by the Committee from among its members, and the Minister of Employment and Labor shall appoint or commission members of the Committee from among any of the following persons; in such cases, the number of members who represent workers shall be same as the number of members who represent employers: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Dec. 30, 2025>
1. Persons who represent workers;
2. Persons who represent employers;
3. Persons who have extensive knowledge of and experience in labor-management relations, employment, economics and social issues;
4. Members of the Senior Executive Service in charge of labor-management relations or labor-related affairs in the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Employment and Labor, and the Ministry of Planning and Budget.
Article 6(Duties of chairperson) #
(1) The Chairperson of the Committee shall represent the Committee and manage its affairs.
(2) Where the Chairperson of the Committee is unable to perform his or her duties for unavoidable reasons, a member designated by the Chairperson shall perform duties of the Chairperson on his or her behalf.
Article 7(Term of office of members of Committee) #
(1) The term of office of members of the Committee under Article 5(2)1 through 3 shall be two years.
(2) Where a vacancy occurs in the Committee (excluding a member falling under Article 5(2)4), the term of office of a member who fills the vacancy shall be the remainder of the unexpired term of office of his or her predecessor.
Article 8(Operation of the Committee) #
(1) The Chairperson of the Committee shall convene meetings of the Committee and preside over its meetings.
(2) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require a concurring vote of at least a majority of those present.
(3) The Committee shall have one secretary to conduct its affairs, who shall be appointed by the Minister of Employment and Labor from among public officials of Grade III or IV who perform relevant duties in the Ministry of Employment and Labor.
(4) The Committee may have not more than three part-time examiners or researchers to examine or research matters concerning polices for improvement in labor-management relations, and the Minister of Employment and Labor shall appoint examiners or researchers from among those who have extensive knowledge of and experience in the policies for improvement in labor-management relations.
(5) Where necessary to deliberate on and vote for items on the agenda, the Committee may request relevant administrative agencies or organizations to submit data, or require relevant public officials or experts to attend its meeting to hear their opinions.
(6) The Committee may pay an allowance and travel expenses to members of the Committee, or examiners or researchers who attend its meeting or submit their opinions, and relevant persons who attend its meeting pursuant to paragraph (5) within the budgetary limits; provided, where a member who is a public official attends its meeting or submits his or her opinion in direct relation with his or her business, the Committee shall not pay an allowance and travel expenses.
(7) Except as otherwise provided for in this Decree, the Chairperson shall determine matters necessary for the operation of the Committee following a resolution adopted by the Committee.
Article 9(Direction, supervision of Labor-Management Improvement Foundation) #
(1) The business year of the Labor-Management Improvement Foundation (hereinafter referred to as the "Foundation") under Article 6(1) of the Act shall follow the fiscal year of the Government.
(2) The Foundation shall annually prepare and submit a business plan and budget for the following year to the Minister of Employment and Labor by December 31 following a resolution adopted by the board of directors pursuant to Article 6(5) of the Act.
(3) Where the Foundation intends to alter a business plan and budget under paragraph (2), it shall submit the details of alterations to the business plan and budget to the Minister of Employment and Labor following a resolution adopted by the board of directors.
(4) The Foundation shall prepare an annual report, statement of expense, calculation statement of increase and decrease in major assets, statement of financial position, list of assets, etc. after each business year ends and submits them to the Minister of Employment and Labor by the end of February. <Amended on Jul. 2, 2019>
(5) The Foundation shall report loans exceeding earnings in the relevant business year, with the exception of loans whose repayments should be made within one year, to the Minister of Employment and Labor.
(6) Where necessary for direction and supervision under Article 6(5) of the Act, the Minister of Employment and Labor may require the Foundation to submit data or require public officials under his or her jurisdiction to examine books and documents of the Foundation.
(7) Where the Foundation falls under any of the following, the Minister of Employment and Labor may fix a period required to correct violations and require the Foundation to correct such violations pursuant to Article 6(5) of the Act:
1. Where the Foundation violates any Act or the purpose of the establishment thereof concerning the operation thereof;
2. Where the Foundation violates an entrustment contract which it enters into as it entrusts projects pursuant to Article 6(2)7 of the Act;
3. Other cases where the Minister of Employment and Labor deems it necessary for the Foundation to take corrective measures.
Article 10(Delegation of authority) #
The Minister of Employment and Labor shall delegate his or her authority over the management and supervision of labor organizations and nonprofit corporations devoted to labor-management relations under Article 9 of the Act to the head of a regional employment and labor office pursuant to Article 10 of the Act; provided, the foregoing shall not apply where the scope of activities of a labor organization and nonprofit corporation devoted to labor-management relations stretches over jurisdictions of at least two regional employment and labor offices.