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KOR-1997-L-46398
Breadcrumb
Title_of_text
Trade Union and Labor Relations Adjustment Act (Law No. 5310).
Main Region
First Region
Country(ies)
Republic of Korea
Subjects (Classification)
Freedom of association, collective bargaining and industrial relations
Adopted on (Date of text)
1997-03-13
Scope of text
National
Type of legislation (Type of text)
Law, Act
Second Region
Abstract/Citation
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.
Entry dates region
Date of entry into force
1997-03-13
--
Implementing Text region
Implementing text(s)
1997-03-27 (KOR-1997-R-51004)
Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (Presidential Decree No. 15321).
Implementing text(s)
1997-03-27 (KOR-1997-R-51004)
Enforcement Decree of the Trade Union and Labor Relations Adjustment Act (Presidential Decree No. 15321).
Related Text region
Related text(s)
2005-01-27 (KOR-2005-L-78615)
Act on the Establishment and Operation, etc. of Public Officials' Trade Unions (Public Service Union Act) (Act No. 7380).
Electronic region
Electronic source title
Legislation on-line in Korean and English
Author
Korea Legislation Research Institute (KLRI), Korea Law Translation Centre (KLT)
URL
https://elaw.klri.re.kr/
File
KOR46398 Eng 2021.pdf (PDF of Act in English as amended to Act No. 17432, Jun. 9, 2020)
Monograph region
Monograph title
New Labor-related Laws
Publisher
Ministry of Labor
Country
Republic of Korea
Date
1997-03
Page range
pp. 3-31
Monograph title
Labor Laws of Korea 1998
Publisher
Ministry of Labor
Country
Republic of Korea
Page range
pp. 3-32
Monograph title
Labor Laws of Korea 2004
Publisher
Ministry of Labor
Country
Republic of Korea
Page range
pp. 31-61
Monograph title
Labor Laws of Korea 2007
Author
Ministry of Labor
Country
Republic of Korea
Date
2007-12
Number
Part II
Page range
pp. 1-34