ENFORCEMENT DECREE OF THE ACT ON THE PROMOTION OF EMPLOYEES’ PARTICIPATION AND COOPERATION
Wholly Amended by Presidential Decree No. 20804, jun. 5, 2008
Amended by Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28805, Apr. 17, 2018
| Article 2 (Scope of Establishment) |
| Article 3 (Election of Employee Members) |
| (1) | Employee members of a business or workplace where a trade union consisting of a majority of employees under Article 6 (2) and (4) of the Act fails to be organized shall be elected in a direct and secret vote by employees: Provided, That if deemed inevitable for any of the special characteristics of a business or workplace, employees to elect employee members (hereafter referred to as "employee member voters" in this Article) may be elected in the first place in proportion to the number of employees for each department, and then employee members may be elected in a direct and secret vote with the participation by a majority of employee member voters. |
| (2) | Any person who intends to run for employee member shall be an employee at the relevant business or workplace, and shall obtain recommendation from 10 or more employees at the business or workplace. |
| Article 4 (Supplementary Members) |
Where a vacancy occurs in an employee member, a supplementary member shall be commissioned or elected within 30 days, and in the case of a business or workplace where no trade union consisting of a majority of employees exists, the first candidate in order of the number of votes gained in the employee member election from among the persons who fail to be elected in vote may be commissioned as an employee member.
| Article 5 (Bylaws of Council) |
| (1) | Bylaws of the Council under Article 18 of the Act (hereinafter referred to as "bylaws of the Council") shall contain the following matters: |
| 1. | Number of members of the Council; |
| 2. | Matters related to the procedure for election of employee members and to registration of candidates; |
| 3. | Matters related to the qualifications of employer members; |
| 5. | Matters related to the convocation of meetings, sessions thereof, operation, etc. of the Council; |
| 7. | Matters related to the number of grievance-handling members and to the handling of grievances. |
| (2) | The establishment or modification of bylaws of the Council shall require a decision of the Council. |
| Article 6 (Preparation of Minutes) |
| Article 7 (Procedure for Handling Grievances) |
If an employee has a grievance, he/she may report thereon to a grievance-handling member under Article 26 of the Act (hereinafter referred to as "grievance-handling member") verbally or in writing. In such cases, the grievance-handling member who receives such report shall handle it without delay.
| Article 8 (Status and Treatment of Grievance-Handling Members) |
| (1) | Each grievance-handling member shall serve on a non-standing and no-remuneration basis. |
| (2) | No employer shall give any disadvantage to any grievance-handling member in relation to the latter’s performance of functions as such. |
| (3) | The time spent by any grievance-handling member for consultation on and handling of grievances shall be deemed time spent for work. |
| Article 9 (Keeping of Ledger) |
Each grievance-handling member shall prepare and keep a ledger related to the receipt and handling of grievances and preserve it for one year.
| Article 10 (Delegation of Authority) |
The Minister of Employment and Labor shall delegate his/her authority with regard to the following matters, to the heads of local employment and labor agencies in accordance with Article 29 of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 11 (Standards for Imposition of Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 28805, Apr. 17, 2018]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2008.
Article 2 (Relations with Other Statutes and Regulations)
A citation of the previous Enforcement Decree of the Act on the Promotion of Employees' Participation and Cooperation by other statutes and regulations as at the time this Decree enters into force shall be deemed to be a citation of the relevant provisions in lieu of the previous provisions if the corresponding provisions exist in this Decree.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Article 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28805, Apr. 17, 2018>
This Decree shall enter into force on the date of its promulgation.