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ACT ON SUPPORT FOR THE IMPROVEMENT IN LABOR-MANAGEMENT RELATIONS

Act No. 10318, May 25, 2010

Amended by Act No. 13905, Jan. 27, 2016

 Article 1 (Purpose)
The purpose of this Act is to contribute to the sound development of national economy and social stability by promoting improvements in cooperative and mutually beneficial labor-management relations.
 Article 2 (Responsibility of the State)
The State shall formulate and implement the following polices for improvement in labor-management relations in order to strengthen the autonomy of labor and management, as well as establish and develop cooperative labor-management relations:
1. Matters concerning the formulation of a comprehensive plan for improvement in labor-management relations;
2. Matters concerning support for the reinvigoration of cooperation among labor, management and the government;
3. Matters concerning research, study, education and consulting for improvement in labor-management relations;
4. Matters concerning support for innovation in the workplace, such as improvements in the employment and wage system of the place of business;
5. Matters concerning support to labor organizations and nonprofit corporations devoted to labor-management relations;
6. Matters concerning support of programs for the promotion of labor-management cooperation, such as awarding a prize to excellent institutions, organizations, or persons who have rendered distinguished service in labor-management cooperation;
7. Matters concerning publicity or campaigns for the advancement of labor-management relations;
8. Other matters concerning support for improvement in labor-management relations.
 Article 3 (Responsibility, etc. of Local Governments)
(1) A local government shall actively cooperate in national polices referred to in the subparagraphs of Article 2 and endeavor to reinvigorate cooperation among workers, employers, residents, and the local government within the jurisdiction of the relevant local government (hereinafter referred to as "local workers, employers, residents and government").
(2) The State may support matters necessary to promote cooperation among local workers, employers, residents and government.
(3) The State may assess the results of endeavors, such as the reinvigoration of cooperation and the establishment of win-win labor-management relations among local workers, employers, residents and government, for each local government, and give preferential treatment, by methods such as awarding a commendation or awarding a monetary prize, to excellent local governments.
(4) Matters necessary for the support, etc. of the State and a local government for the promotion of cooperation among local workers, employers, residents and government shall be prescribed by Presidential Decree.
 Article 4 (Obligations of Workers and Employers)
Workers and employers shall endeavor to improve labor-management relations and to promote partnership in the place of business through participation and cooperation.
 Article 5 (Labor-Management Relations Improvement Committee)
(1) The Labor-Management Relations Improvement Committee shall be established under the jurisdiction of the Minister of Employment and Labor to deliberate on policies for improvement in labor-management relations under the subparagraphs of Article 2.
(2) The organization, functions and operation of the Labor-Management Relations Improvement Committee, and other necessary matters shall be prescribed by Presidential Decree.
 Article 6 (Support for Operation of the Labor-Management Improvement Foundation)
(1) The State shall support the Labor-Management Improvement Foundation (hereinafter referred to as the "Foundation"), which labor organizations and employers' organizations have jointly established after obtaining permission from the Minister of Employment and Labor, to ensure that the Foundation may promote improvement in autonomous mutually beneficial labor-management relations initiated by labor and management.
(2) Projects which the Foundation may execute shall be as follows: <Amended by Act No. 13905, Jan. 27, 2016>
1. A project to develop and support programs for the promotion of labor-management cooperation;
2. A project to support labor organizations and nonprofit corporations devoted to labor-management relations;
3. A project to diagnose, assess and improve labor-management relations;
4. A project for employment and human resource development based on labor-management cooperation;
5. A project related to education and publicity for the promotion of labor-management partnership;
6. A project concerning support for the promotion of workers’ welfare based on labor-management cooperation;
7. A project for international cooperation concerning improvement in labor-management relations;
8. Other projects entrusted or subsidized by the Minister of Employment and Labor because he/she deems them necessary.
(3) The State may entrust projects under the subparagraphs of paragraph (2) to the Foundation or subsidize all or part of expenses incurred in conducting its business within the budgetary limits.
(4) The Foundation may conduct profit-seeking business to raise funds necessary to execute projects under the subparagraphs of Article 2 after obtaining approval from the Minister of Employment and Labor.
(5) The Minister of Employment and Labor may direct and supervise the business operation of the Foundation and require the Foundation to take corrective measures if necessary, and the Foundation shall report matters necessary for accounting and assets to the Minister of Employment and Labor.
(6) Matters concerning direction, supervision, corrective orders, reporting, etc. under paragraph (5) shall be prescribed by Presidential Decree.
 Article 7 (Board of Directors, etc. of the Foundation)
(1) The board of directors shall be established in the Foundation to deliberate on and decide important matters concerning the affairs of the Foundation.
(2) The board of directors shall be composed of directors including the Chairperson and the secretary general.
(3) The board of directors may be composed of not more than four directors as prescribed by the articles of incorporation, and the Chairpersons shall convene meetings of the board of directors and preside over the meetings.
(4) The secretary general shall represent the Foundation and exercise general supervision over its affairs.
(5) No Chairperson shall concurrently hold the position of the secretary general.
 Article 8 (Use, etc. of Name of the Foundation)
(1) No person who is not the Foundation under this Act shall use the name of the Labor-Management Improvement Foundation or a name similar thereto.
(2) Except as otherwise provided for in this Act and the Act on the Management of Public Institutions, the provisions concerning an incorporated foundation of the Civil Act shall apply mutatis mutandis to the Foundation.
 Article 9 (Promotion of Projects to Improve Labor-Management Relations)
(1) The State may entrust projects referred to in the subparagraphs of Article 2 to labor organizations and nonprofit corporations devoted to labor-management relations and subsidize expenses incurred in executing such projects within the budgetary limits. In such cases, the Minister of Employment and Labor shall manage and supervise projects entrusted and subsidized to ensure that the projects may serve the purposes thereof and be operated efficiently.
(2) The Minister of Employment and Labor shall prescribe and publicly announce matters necessary for projects subject to entrustment and subsidization, methods of and procedures for entrustment and subsidization, the management and supervision of projects under paragraph (1).
 Article 10 (Delegation or Entrustment of Authority)
The Minister of Employment and Labor may delegate part of his/her authority under this Act to a regional labor office or entrust part of his/her authority under this Act to a local government, as prescribed by Presidential Decree.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That Articles 3, 5 and 10 shall enter into force three months after the date of their promulgation.
(2) (Transitional Measures) The Labor-Management Improvement Foundation, which is an incorporated foundation established on April 5, 2007 in accordance with the Basic Agreement on the Implementation of Policy Projects Led by Labor and Management for the Conversion of Paradigm of Labor-Management Relations announced by the representatives of Labor, Management and the Government on November 30, 2006, shall be deemed the Labor-Management Improvement Foundation under this Act.
ADDENDUM <Act No. 13905, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.