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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

Presidential Decree No. 32983, Nov. 8, 2022

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Act on the Promotion of Employees’ Participation and Cooperation and matters necessary for the enforcement thereof.
 Article 2 (Scope of Establishment)
For the purpose of Article 4 (1) of the Act on the Promotion of Employees' Participation and Cooperation (hereinafter referred to as the "Act"), if the total number of employees engaged in one business is not less than 30 persons, a labor-management council (hereinafter referred to as the "Council") shall be established at the principal office, even if the relevant employees are dispersed regionally.
 Article 3 (Qualifications for Candidacy of Members Representing Employees)
A person who intends to run for a member representing employees (hereinafter referred to as "member representing employees") in the election pursuant to Article 6 (2) of the Act shall be an employee in the relevant business or workplace.
[This Article Wholly Amended on Nov. 8, 2022]
 Article 4 (Members Filling Vacancy)
Where a vacancy occurs in a member representing employees, a member shall be commissioned or elected to fill the vacancy within 30 days, and in the case of a business or workplace where no labor union consisting of a majority of employees exists, the first candidate in order of the number of votes gained in the member representing employees election from among the persons who fail to be elected in vote may be commissioned as a member representing employees.
 Article 5 (Council Bylaws)
(1) The Council bylaws under Article 18 of the Act (hereinafter referred to as the "Council bylaws") shall contain the following matters:
1. Number of members of the Council;
2. Matters related to the procedure for election of members representing employees and to registration of candidates;
3. Matters related to the qualifications of a member representing employers;
4. Matters related to hours deemed devoted to working by a member of the Council under Article 9 (3) of the Act;
5. Matters related to the convocation of meetings, sessions thereof, operation, etc. of the Council;
6. Matters related to the method of and procedure for voluntary arbitration under Article 25 of the Act;
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)
Minutes under Article 19 of the Act shall be either signed or sealed by all members present.
 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 or 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 on Jul. 12, 2010>
1. Corrective orders under Article 11 of the Act;
2. Receipt of bylaws of the Council under Article 18 of the Act;
3. Imposition and collection of administrative fines under Article 33 of the Act.
 Article 11 (Criteria for Imposition of Administrative Fines)
The criteria for imposing administrative fines under Article 33 (1) of the Act shall be as specified in the attached Table.
[This Article Newly Inserted on Apr. 17, 2018]
ADDENDA <Presidential Decree No. 20804, Jun. 5, 2008>
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.
ADDENDA <Presidential Decree No. 32983, Nov. 8, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 11, 2022
Article 2 (Applicability to Qualifications for Candidacy of Member Representing Employees)
The amended provisions of Article 3 shall begin to apply to where a candidate stands to participate in the election of a member representing employees on or after the date this Decree enters into force.