SPECIAL ACT ON ASSISTANCE TO THE REORGANIZATION OF HARBOR HUMAN RESOURCES SUPPLY SYSTEMS
Act No. 7759, Dec. 23, 2005
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9735, May 27, 2009
Act No. 10675, May 19, 2011
Act No. 11690, Mar. 23, 2013
Act No. 14246, May 29, 2016
The purpose of this Act is to formulate effective measures to support port and transport union members in reorganizing harbor manpower supply systems to improve harbor productivity, thereby contributing to stabilizing the employment and promoting the welfare of such port and transport union members.
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
The definitions of terms used in this Act shall be as follows:
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 3 (Scope of Application) |
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 4 (Reorganization of Harbor Manpower Supply Systems) |
| (1) | The reorganization of a harbor manpower supply system means the conversion of a system, by which port and transport unions supply their members to harbor transport business entities, etc. into a system, by which harbor transport business entities, etc. directly employ port and transport union members on a permanent basis, subject to an agreement among the port and transport unions, harbor transport business entities, etc., and the Government. |
| (2) | Where a harbor manpower supply system is reorganized, a permit to engage in the labor supply business granted to a port and transport union under Article 33 of the Employment Security Act shall cease to have effect to the extent that such reorganization is applicable. |
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 5 (Protection of Rights and Interests of Port and Transport Union Members) |
| (1) | Harbor transport business entities, etc. shall formulate necessary measures to stabilize employment, promote the welfare, and otherwise protect the rights and interests of those they directly employ on a permanent basis (hereinafter referred to as "harbor manpower") following the reorganization of a harbor manpower supply system, among those who have belonged to port and transport unions. |
| (2) | Labor conditions, such as employment, retirement age, and wage levels that have applied to harbor manpower pursuant to labor supply contracts between harbor transport business entities, etc. or organizations representing such business entities, etc. and port and transport unions before the reorganization of a harbor manpower supply system shall be guaranteed, irrespective of such reorganization: Provided, That where separate provisions exist regarding labor conditions that provide for employment, retirement age, wage levels, etc., such provisions shall prevail. <Amended by Act No. 10675, May 19, 2011> |
| (3) | The Minister of Oceans and Fisheries may take necessary measures to stabilize employment, promote the welfare, and otherwise protect the rights and interests of harbor manpower in accordance with paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a harbor transport business entity, etc. fails to comply with paragraph (2), the Government or the Port Authority under Article 4 of the Port Authority Act may terminate the relevant harbor facility lease contract or otherwise take necessary measures, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 6 Deleted. <by Act No. 10675, May 19, 2011> |
| Article 6-2 Deleted. <by Act No. 14246, May 29, 2016> |
| Article 6-3 (Loan of Retirement Allowances) |
| (1) | Where the retirement allowance reserves under joint management of port and transport unions and harbor transport business entities, etc. are insufficient to pay the retirement allowances agreed in advance to the retired port and transport union members due to the simultaneous retirement of the port and transport union members on a large scale following the reorganization of a harbor manpower supply system, the Government may loan the balance due within budgetary limits. |
| (2) | Loans provided by the Government pursuant to paragraph (1) shall be repaid out of the retirement allowance reserve account, the finances of which consist of freight charges and other fees collected by the harbor loading and unloading businesses authorized pursuant to Article 10 (1) of the Harbor Transport Business Act. |
| (3) | Interest rates on the loans to be repaid under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14246, May 29, 2016]
[This Article shall remain in effect until December 31, 2020 under Article 2 of the Addenda to Act No. 14246 (May 29, 2016)]
| Article 7 Deleted. <by Act No. 10675, May 19, 2011> |
| Article 7-2 Deleted. <by Act No. 14246, May 29, 2016> |
| Article 7-3 (Support to Stabilize Livelihood of Harbor Manpower) |
| (1) | The Government may grant subsidies to stabilize livelihood (hereinafter referred to as "subsidies"), within budgetary limits, to the port and transport union members not employed by harbor transport business entities, etc. and so lose their port and transport union membership following the reorganization of a harbor manpower supply system. |
| (2) | Matters necessary for those eligible for subsidies, standards and procedures for payment thereof, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14246, May 29, 2016]
[This Article shall remain in effect until December 31, 2020 under Article 2 of the Addenda to Act No. 14246 (May 29, 2016)]
| Article 8 (Recovery of Subsidies) |
| (1) | The Minister of Oceans and Fisheries may recover all or some of subsidies if a person paid such subsidies pursuant to Article 7-3 falls under any of the following subparagraphs: <Amended by Act No. 10675, May 19, 2011; Act No. 11690, Mar. 23, 2013; Act No. 14246, May 29, 2016> |
| 1. | Where he/she has joined a port and transport union to supply labor for a harbor transport business entity, etc.; |
| 2. | Where he/she is employed by a harbor transport business entity, etc. who has participated in the reorganization of a harbor manpower supply system; |
| 3. | Where he/she is paid a subsidy in excess of the amount he/she is entitled; |
| 4. | Where he/she ineligible for subsidies is paid a subsidy. |
| (2) | Subsidies recoverable pursuant to paragraph (1) shall be collected in the same manner as national taxes in arrear are collected. |
| (3) | Matters necessary for the detailed scope and amounts of the subsidies recoverable shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 9 (Committee for Reorganization of Harbor Manpower Supply Systems) |
| (1) | The Minister of Oceans and Fisheries may establish a Committee for the Reorganization of Harbor Manpower Supply Systems (hereafter in this Article referred to as "the Committee") within each Regional Office of Oceans and Fisheries to deliberate on the following matters regarding the efficient reorganization of harbor manpower supply systems and the promotion of welfare of port and transport union members: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14246, May 29, 2016> |
| 1. | Matters relating to the determination of those who are covered by a reorganized harbor manpower supply system; |
| 2. | Matters relating to the determination of those eligible for subsidies; |
| 3. | Matters relating to the calculation of specific amounts of subsidies; |
| 4. | Other matters relating to the reorganization of harbor manpower supply systems, as prescribed by Presidential Decree. |
| (2) | The Committee shall be comprised of not more than ten members, including a chairperson, who represent port and transport unions, harbor transport business entities, etc., the Government, and harbor users. In such cases, the members who represent the port and transport unions and the members who represent the harbor transport business entities, etc. shall be equal in number. |
| (3) | Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9735, May 27, 2009]
| Article 10 (Delegation of Authority) |
The authority of the Minister of Oceans and Fisheries vested under this Act may be partially delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Newly Inserted by Act No. 9735, May 27, 2009]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | Deleted. <by Act No. 10675, May 19, 2011> |
| (3) | (Preferential Application) The reorganization of harbor manpower supply systems under Article 4 shall be implemented by each harbor, but shall be applied preferentially to Busan Port and Incheon Port. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9735, May 27, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10675, May 19, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Deleted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14246, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Articles 6-3 and 7-3 shall remain in effect until December 31, 2020. Article 3 (Applicability)
| (1) | The amended provisions of Article 6-3 shall also apply to the loan and repayment of retirement allowances made under the previous Article 6-2 before this Act enters into force. |
| (2) | The amended provisions of Articles 7-3 and 8 shall also apply to the subsidies to stabilize livelihood granted under the previous Article 7-2 before this Act enters into force. |