KCCI Submits Opinion on Enforcement Decree of Labor Union Act: "Supplementary Legislation to Minimize Confusion"

"Government Legislative Notice Contains Only Technical Amendments"

[Asia Economy Reporter Yoo Je-hoon] The Korea Employers Federation (KEF) has requested supplementary legislation related to the partial amendment of the Enforcement Decree of the Labor Union and Labor Relations Adjustment Act (Enforcement Decree of the Labor Union Act). KEF announced on the 19th that it submitted the business community's opinions on the amendment of the Enforcement Decree of the Labor Union Act to the Ministry of Employment and Labor on the 16th.

As supplementary legislative matters, KEF first pointed out restrictions on union activities within workplaces for dismissed workers and unemployed persons (non-working workers). Specifically, if non-working workers engage in union activities within the workplace, they should comply with rules regarding workplace entry and facility use, and for locations other than the union office, prior approval from the employer should be obtained.

Since the amended Labor Union Act extended the validity period of collective agreements from 2 years to 3 years, KEF also requested that the period for maintaining the status of the bargaining representative union be extended from 2 years to 3 years to ensure the effectiveness of collective agreements.

KEF also sees the need for improvements in the union establishment reporting system. According to the Enforcement Decree draft, if a union that has been reported after establishment later has reasons for rejection of the report and does not comply with the administrative authority's correction request, there are no sanctions, which inevitably causes confusion between labor and management regarding the union's legal status.

Additionally, KEF requested the introduction of a workplace occupation reporting system. The purpose is to establish a mechanism to promptly resolve disputes by allowing administrative authorities to be notified when strike actions that exclude the employer's possession and obstruct operations, which are prohibited under the amended Labor Union Act, occur.

KEF emphasized, "The government's legislative notice only includes matters that need to be technically amended in subordinate statutes according to the amended Labor Union Act," and added, "Supplementary legislation is necessary to minimize confusion during the law's implementation process."