The purpose of this Act is to resolve social polarization, to promote social integration and to contribute to the balanced development of the national economy by establishing an Economic, Social and Labor Council that provides advice on request to the President, through which economic and social key players, such as laborers and employers, and the Government may have discussions on employment and labor policies, on economic and social policies related thereto, etc. based on mutual trust and cooperation, and by prescribing matters necessary for the organizational structure, operation, etc. thereof.
| Article 2 (Responsibilities of Participants) |
Economic and social key players, such as laborers and employers, and the Government shall, independently, autonomously and sincerely, have discussions based on mutual trust; and shall value the outcomes to the maximum.
| Article 3 (Establishment and Functions of the Council) |
| (1) | The Economic, Social and Labor Council (hereinafter referred to as the “Council”) shall be established under the jurisdiction of the President. |
| (2) | The Council shall discuss the following matters: |
| 1. | Matters concerning employment and labor policies, as well as industrial, economic, welfare and social policies related thereto, etc.; |
| 2. | Matters concerning improvement of systems, awareness and practices for the development of labor-management relationship; |
| 3. | Matters concerning measures to support projects for the promotion of cooperation between economic and social key players, such as laborers and employers; and |
| 4. | Other matters on which the President requests advice. |
| Article 4 (Composition and Operation of the Council) |
| (1) | The Council shall consist of a chairperson and the following members: |
| 2. | Five members representing laborers; |
| 3. | Five members representing employers; |
| 4. | Two members representing the Government; and |
| 5. | Four members representing public interests. |
| (2) | The chairperson and the standing member shall be appointed by the President. |
| (3) | Members representing laborers shall be appointed by the President from among the following persons: |
| 1. | The representative of a national confederation of labor organizations; and |
| 2. | One person requested by the chairperson at the recommendation of a national confederation of labor organizations. |
| (4) | Members representing employers shall be appointed by the President from among the following persons: |
| 1. | The representative of a national employers' organization; and |
| 2. | One person requested by the chairperson at the recommendation of a national employers' organization. |
| (5) | The Minister of Strategy and Finance and the Minister of Employment and Labor shall become members representing the Government. |
| (6) | The members representing public interests shall be appointed by the President at the request of the chairperson after hearing the opinions of a national confederation of labor organizations, and of a national employers' organization, from among persons who have abundant knowledge and experience in employment and labor, economic and social affairs, etc. |
| (7) | If needs arise for discussions on matters under Article 3 (2), the President may appoint the heads of relevant administrative agencies, such as the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, and the Minister of SMEs and Startups, as special members, in addition to the members under paragraph (1). |
| (8) | Other matters necessary for the composition, operation, etc. of the Council shall be prescribed by Presidential Decree. |
| Article 5 (Duties of Chairperson) |
| (1) | The chairperson shall represent the Council, and have general charge of the Council. |
| (2) | The standing member shall assist the chairperson, and perform the chairperson's duties on behalf of the chairperson if the chairperson is unable to perform his or her duties due to unavoidable reasons. |
| Article 6 (Term of Office of Members) |
| (1) | The chairperson and members of the Council shall have a term of office of two years, and may serve for one more term of office. |
| (2) | The chairperson and members of the Council shall serve after the expiration of their term of office until their successors take office. |
| Article 7 (Meetings of Council) |
| (1) | The chairperson shall call a meeting of the Council and chair the meeting. |
| (2) | A meeting of the Council shall be held in any of the following cases: |
| 1. | When the President requests that a meeting be held; |
| 2. | When at least 1/3 of the members on the register request that a meeting be held; and |
| 3. | Other cases the chairperson deems necessary. |
| (3) | A quorum for the Council meetings shall be at least 2/3 of the members on the register, and a resolution shall be passed when at least 2/3 of the members present vote in favor. |
| (4) | When the Council intends to pass a resolution under paragraph (3), at least 1/2 of the members representing laborers, employers and the Government shall be present, respectively. |
| Article 8 (Steering Committee) |
| (1) | The Council shall establish a steering committee to process the following matters: |
| 1. | To review and coordinate agendas to be presented to the meetings of the Council; |
| 2. | To process matters delegated by the Council; and |
| 3. | To support the activities of the Council. |
| (2) | The steering committee shall consist of not more than 10 members, including one chairperson of the steering committee; and the standing member of the Council shall concurrently hold the post of chairperson of the steering committee. |
| (3) | The chairperson of the steering committee shall appoint the members of the steering committee from among the following persons: |
| 1. | A person capable of assisting the representative of a national confederation of labor organizations, and performing the duties of the representative on his or her behalf; |
| 2. | A person capable of assisting the representative of a national employers' organization, and performing the duties of the representative on his or her behalf; and |
| 3. | Vice Ministers of relevant administrative agencies. |
| (4) | Article 6 and Article 7 (1), (3) and (4) shall apply mutatis mutandis to the steering committee. In such cases, "chairperson" shall be construed as "chairperson of the steering committee," "member" as "member of the steering committee," and "Council" as "steering committee." |
| (5) | Matters necessary for the composition, operation, etc. of the steering committee shall be prescribed by Presidential Decree. |
| Article 9 (Agenda- and Industry-Specific Committees) |
| (1) | The Council shall establish an agenda-specific committee and an industry-specific committee under the steering committee: Provided, That the agenda-specific committee and the industry-specific committee shall continue to exist for a maximum period of one year, and, if necessary, the period may be extended subject to vote at the Council. |
| (2) | The chairperson of the agenda-specific committee and the chairperson of the industry-specific committee shall be appointed by the chairperson of the Council. |
| (3) | Other matters necessary for the composition, operation, etc. of the agenda-specific committee and the industry-specific committee shall be prescribed by Presidential Decree. |
| Article 10 (Agenda Development and Coordination Committee) |
| (1) | The Council shall establish an agenda development and coordination committee under the steering committee. |
| (2) | The standing member shall concurrently hold the post of chairperson of the agenda development and coordination committee. |
| (3) | Other matters necessary for the composition, operation, etc. of the agenda development and coordination committee shall be prescribed by Presidential Decree. |
| Article 11 (Special Committee) |
| (1) | In order to respond to emergencies, the Council may establish a special committee under the steering committee. |
| (2) | In order for various walks of the society to develop agenda items, to propose policies, and to make a request, if necessary, that an agenda item be submitted to the Council, the Council may establish relevant committees under the steering committee. |
| (3) | Matters necessary for the composition, operation, etc. of a special committee under paragraph (1) and of relevant committees under paragraph (2) shall be prescribed by Presidential Decree. |
| (1) | The Council shall establish a secretariat to process the affairs of the Council. |
| (2) | The secretariat shall have one secretary general, and the standing member of the Council shall concurrently hold the post of secretary general. |
| (3) | Matters necessary for the composition, operation, etc. of the secretariat shall be prescribed by Presidential Decree. |
| Article 13 (Professional Members) |
| (1) | The Council shall have professional members for conducting professional inspections and research concerning its duties. |
| (2) | Matters necessary for the number, qualifications, etc., of professional members shall be prescribed by Presidential Decree. |
| Article 14 (Cooperation of Relevant Agencies) |
| (1) | If necessary to perform duties, the Council may make the following requests: |
| 1. | To request relevant parties, relevant public officials and relevant experts to attend a meeting of the Council and to state their opinions; and |
| 2. | To request relevant parties and relevant agencies to provide explanation or to submit data. |
| (2) | Relevant parties, relevant public officials or relevant agencies in receipt of a request under paragraph (1) from the Council shall comply with such request in the absence of special circumstances. |
| Article 15 (Collection of Public Opinion) |
If necessary to perform duties, the Council may hold public hearings and seminars, conduct opinion polls, have broadcast debates, etc. to collect public opinion.
| Article 16 (Request for Inspections or Research) |
If necessary to perform duties, the Council may request relevant agencies, relevant organizations, relevant experts, etc. to conduct an inspection or research.
| Article 17 (Dispatch, etc. of Relevant Public Officials or Staff Members) |
If necessary to perform duties, the chairperson of the Council may consult with the heads of relevant agencies, relevant organizations, etc., so that their public officials or staff members can be dispatched to the Council or can serve at the Council while concurrently serving in their original positions.
| Article 18 (Report on Outcomes of Discussions) |
| (1) | The chairperson of the Council shall report the Council’s main activities, such as the outcomes of discussions, to the President. |
| (2) | The chairperson of the Council may notify relevant administrative agencies of its resolutions, and demand them to implement the resolutions. |
| Article 19 (Duty to Implement in Good Faith) |
Economic and social key players, such as laborers and employers, and the Government shall make utmost efforts to integrate the resolutions passed by the Council into policies, and to implement them in good faith.
| Article 20 (Support for Regional Social Dialogues) |
| (1) | The Council may provide support necessary to promote social dialogues between economic and social key players, such as laborers and employers, in an area and the local government of the area. |
| (2) | Matters necessary for the support under paragraph (1) shall be prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 4 (8), 8 (5), 9 (3), 10 (3), 11 (3) and 20 (2) shall enter into force three months after the date of its promulgation. Article 2 (Special Cases concerning Member Whose Term Expires)
A member whose term expires from among the members who have been appointed pursuant to the former provisions as at the time this Act enters into force shall be deemed discharged from office, notwithstanding the amended provision of Article 6 (2). Article 3 (Transitional Measures concerning Establishment of Council)
The Economic and Social Development Commission established pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Economic, Social and Labor Council established pursuant to this Act.
Article 4 (Transitional Measures concerning Term of Office of Members)
| (1) | Members whose term does not expire from among the members who have been appointed pursuant to the previous provisions as at the time this Act enters into force shall be deemed members under the amended provisions of this Act. |
| (2) | The term of office of the members who are newly appointed pursuant to the amended provisions of Article 4 shall begin on the date of appointment: Provided, That a member whose term does not expire under paragraph (1) shall fill the unexpired term of office. |