ACT ON THE ESTABLISHMENT AND OPERATION OF TEACHERS’ UNIONS
Act No. 5727, Jan. 29, 1999
Amended by Act No. 6400, Jan. 29, 2001
Act No. 6456, Mar. 28, 2001
Act No. 7354, Jan. 27, 2005
Act No. 8157, Dec. 30, 2006
Act No. 8852, Feb. 29, 2008
Act No. 10132, Mar. 17, 2010
Act No. 10339, jun. 4, 2010
Act No. 11690, Mar. 23, 2013
Act No. 13936, Feb. 3, 2016
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 3 (Prohibition of Political Activities) |
No teachers’ union (hereinafter referred to as “union”) shall engage in any political activities.
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 4 (Establishment of Unions) |
| (1) | Teachers may establish unions only either at the level of the Special Metropolitan City/a Metropolitan City/a Do/the Special Self-Governing Province (hereinafter referred to as “City/ Do”) or at a nationwide level. |
| (2) | Any person who intends to establish a union shall submit a report of establishment to the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010> |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 5 (Status of Full-Time Union Officers) |
| (1) | Teachers may exclusively engage in the affairs of unions if permitted by their appointing authorities. |
| (3) | A full-time officer shall not be remunerated in any kind by the employer during the period of exclusive engagement in the affairs of a union. |
| (4) | A full-time officer shall not suffer any disadvantage with respect to promotion or other position-related treatment, on the ground of being a full-time officer. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 6 (Authority to Conduct Bargaining and Conclude Agreement, and so on) |
| (1) | The representative of a union shall have authority to bargain with the Minister of Education, the City/Do educational superintendent or the founder or manager of a private school to conclude a collective agreement for enhancing economic and social status of the trade union or its members, such as wages, working conditions and welfare. In such case, with respect to private schools, the founder or manager of a private school shall respond to a bargaining request by forming a coalition with other private schools either on a nationwide basis or on a City/Do unit basis. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where paragraph (1) applies, the bargaining union members shall consist of the representative and members of the relevant union. |
| (3) | Where at least two unions are established in the same organization, they shall form a single window for collective bargaining. |
| (4) | The parties to collective bargaining and collective agreement under paragraph (1) shall faithfully conduct bargaining and conclude the collective agreement, taking into consideration public opinions and the opinions of students’ parents; and shall not abuse their authority. |
| (5) | Matters necessary for procedures, etc. for collective bargaining under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 7 (Effect of Collective Agreement) |
| (1) | Where a collective agreement concluded pursuant to Article 6 (1) provides for such other matters as may be prescribed by Acts and subordinate statutes, municipal ordinances, or based on budget and as may be provided for by being delegated pursuant to Acts and subordinate statutes or municipal ordinances, such matters shall not have effect as a collective agreement. |
| (2) | The Minister of Education, the City/Do educational superintendent or the founder or manager of a private school shall faithfully endeavor to implement the matters which have no effect as a collective agreement pursuant to paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 8 (Prohibition of Industrial Actions) |
A union and its members shall not conduct strikes, sabotage or any other industrial actions of interfering with the normal operation of business.
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 9 (Application for Mediation of Labor Disputes) |
| (1) | Where collective bargaining under Article 6 falls apart, any one party or both parties may file an application for mediation of a labor dispute with the National Labor Relations Commission. |
| (2) | Where one of the parties or both parties file an application for mediation, the National Labor Relations Commission shall commence mediation without delay and both parties concerned shall conscientiously participate in the mediation process. |
| (3) | Mediation shall be completed within 30 days from the date of receipt of the application under paragraph (1). |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 10 (Commencement of Arbitration) |
In any of the following cases, the National Labor Relations Commission shall arbitrate the case: <Amended by Act No. 10339, Jun. 4, 2010>
| 1. | Where both parties concerned jointly request an arbitration after collective bargaining under Article 6 falls apart; |
| 2. | Where one of the parties refuses to accept the mediation proposal presented by the National Labor Relations Commission; |
| 3. | Where the chairperson of the National Labor Relations Commission decides to arbitrate the case ex officio or at the request of the Minister of Employment and Labor. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 11 (Composition of Committee for Teachers’ Labor Relations Adjustment) |
| (1) | There shall be established the Committee for Teachers’ Labor Relations Adjustment (hereinafter referred to as “Committee”) in the National Labor Relations Commission to mediate and arbitrate teachers’ labor disputes. |
| (2) | The Committee shall consist of three members representing public interests in charge of mediation, who are nominated by the chairperson of the National Labor Relations Commission: Provided, That, if the parties concerned reach an agreement to recommend any person other than a member representing public interests in charge of mediation of the National Labor Relations Commission, the Chairperson of the National Labor Relations Commission shall nominate such person. |
| (3) | The chairperson of the Committee shall be elected from among the members of the Committee. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 12 (Finalization of Arbitration Award, etc.) |
| (1) | Where the parties concerned deem that an arbitration award rendered by the National Labor Relations Commission is inconsistent with any Act or subordinate statute or ultra vires, they may file an administrative suit with the chairperson of the National Labor Relations Commission within fifteen days from the date of receipt of the arbitration award, notwithstanding the provisions of Article 20 of the Administrative Litigation Act. |
| (2) | If an administrative suit is not filed within the period referred to in paragraph (1), the arbitration award shall become final and decisive. |
| (3) | When the arbitration award becomes final and decisive pursuant to paragraph (2), the parties concerned shall comply therewith. |
| (4) | The effect of the arbitration award rendered by the National Labor Relations Commission, shall not be suspended by any administrative suit filed pursuant to paragraph (1). |
| (5) | The content of the arbitration award which becomes final and decisive pursuant to paragraph (2) shall have the same effect as that of a collective agreement. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 13 (Relations with Application for Review of Teachers’ Petition) |
Where a teacher or a union files an application for remedy with the Labor Relations Commission pursuant to Article 82 (1) of the Trade Union and Labor Relations Adjustment Act on the ground that such teacher has been dismissed or has suffered any other disadvantage due to any act under subparagraph 1 or 5 of Article 81 of said Act, he/she or it need not file an application for petition review with the Appeal Commission for Teachers, notwithstanding Article 9 of the Special Act on the Improvement of Teachers' Status and the Protection of Their Educational Activities. <Amended by Act No. 13936, Feb. 3, 2016> [This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 14 (Relationship to Other Acts) |
| (1) | Except as otherwise expressly provided for in paragraph (2), the Trade Union and Labor Relations Adjustment Act shall apply to those matters not prescribed by this Act with respect to the unions and labor relationship adjustment to be applied to teachers. In such cases, “due to collective bargaining or industrial action” in Article 3 of the Trade Union and Labor Relations Adjustment Act shall be construed as “due to collective bargaining”; “collective bargaining or industrial action” in the main sentence of Article 4 of said Act as “collective bargaining”; “in cases of an associated trade union or a unit trade union extending over at least two Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Province, to the Minister of Employment and Labor, in cases of a unit trade union extending over at least two Sis/Guns/Gus (referring to an autonomous Gu), to the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors, and in case of the other trade unions, to a Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereafter the same shall apply in Article 12 (1))” in the main sentence of Article 10 (1) of said Act as “to the Minister of Employment and Labor”; “the Minister of Employment and Labor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as ”administrative agency“)” in Article 12 (1) of said Act as “the Minister of Employment and Labor”; “the mediation committee or the single mediator” in Articles 58, 60 (1) through (4) and 61 (3) of said Act as “the Committee for Teachers’ Labor Relations Adjustment”; “the chairperson of the mediation committee or the single mediator” in Article 59 of said Act as “the chairperson of the Committee for Teachers’ Labor Relations Adjustment”; “all of the members of the mediation committee or the single mediator” in Article 61 (1) of said Act as “all of the members of the Committee for Teachers’ Labor Relations Adjustment”; “the arbitration committee” in Articles 66 (1), 67 and 68 (2) of said Act as “the Committee for Teachers’ Labor Relations Adjustment”; “the representative of a trade union or a person authorized by the trade union” in subparagraph 3 of Article 81 of said Act as “the representative of a union”; “Article 44 (2), 69 (4), 77 or 81” in Article 90 of said Act as “Article 81”; “Articles 88 through 93” in Article 94 of said Act as “subparagraph 2 of Article 89, and Articles 90, 92 and 93”; “worker” in said Act as “teacher”; “employee” in said Act as “the Minister of Education, a City/Do educational superintendent or the founder or manager of a private school or a person in charge of the matters concerning teachers, acting on behalf of the Minister of Education, a City/Do educational superintendent, the founder or manager of a private school”; and “administrative agency” in said Act as “the Minister of Employment and Labor.” <Amended by Act No. 10339, Jun. 4, 2010; Act No. 11690, Mar. 23, 2013> |
| (2) | The proviso to subparagraph 4 (d) of Article 2, Articles 24, 24-2, 29 (2) through (4), 29-2 through 29-5, 36 through 39, 41, 42, 42-2 through 42-6, 43 through 46, 51 through 57, 60 (5), 62 through 65, 66 (2), 69 through 73, 76 through 80, the proviso to subparagraph 2 of Article 81, Article 88, subparagraph 1 of Article 89, and Articles 91 and 96 (1) 3 of the Trade Union and Labor Relations Adjustment Act shall not apply to the unions under this Act. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
| Article 15 (Penalty Provisions) |
| (1) | A person who conducts an industrial action in violation of Article 8 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. |
| (2) | A person who fails to comply with an arbitration award in violation of Article 12 (3) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
[This Article Wholly Amended by Act No. 10132, Mar. 17, 2010]
ADDENDUM
| (1) | (Enforcement Date) This Act shall enter into force on July 1, 1999. |
| (2) | (Period of Validity) The provisions of Article 6 (3) shall be valid until December 31, 2009. <Amended by Act No. 6456, Mar. 28, 2001; Act No. 8157, Dec. 30, 2006> |
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 6456, Mar. 28, 2001>
| (1) | (Enforcement Date) This Act enter into force on the date of its promulgation. (Proviso Omitted.) |
ADDENDA <Act No. 7354, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 8157, Dec. 30, 2006>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 10132, Mar. 17, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
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. 13936, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.