Last Change:

06/24/2025

Trade Union and Labor Relations Adjustment Act

Original names of the law: 노동조합 및 노동관계조정법

Year: 1997

Type: Domestic law

Rights Category: Work & Workplace rights

Description

The purpose of this Act is to maintain and improve the working conditions of workers and enhance their economic and social status by guaranteeing the rights of association, collective bargaining, and collective action as prescribed in the Constitution, and to contribute to the maintenance of industrial peace and the development of national economy by preventing and resolving industrial disputes through the
fair adjustment of the labor relations.

Selected provisions
Article 5 - Establishment and Admission of Trade Union

(1) Workers shall be free to organize or join in a trade union: Provided, That matters relating to public officials and teachers shall be otherwise prescribed by statutes. <Amended on Jan. 5, 2021>

(2) A member of a trade union who is not a worker engaged in a business or at a place of business (hereinafter referred to as "employed worker") may conduct activities of the trade union within the business or place of business to the extent that does not impede the effective business operation of the employer. <Newly Inserted on Jan. 5, 2021>

(3) When a member of a trade union who is an employed worker is dismissed and files an application for remedy for unfair labor practices with the Labor Relations Commission, he or she shall be deemed an employed worker until a decision on review is made by the National Labor Relations Commission. <Newly Inserted on Jan. 5, 2021>

[Title Amended on Jan. 5, 2021]

Article 2 - Definitions

The terms used in this Act are defined as follows: <Amended on Jan. 5, 2021>

1. The term "worker" means any person who lives on wages, a salary, or any other income equivalent thereto, regardless of the person's occupation;

2. The term "employer" means a business owner, a person responsible for the management of a business or a person who acts on behalf of a business owner with regard to matters concerning workers in the business;

3. The term "employers’ association" means an organization of employers which has powers to adjust or control its members in connection with labor relations;

4. The term "trade union" means an organization or associated organization of workers, which is organized in voluntary and collective manner upon the workers’ initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status: Provided, That an organization shall not be regarded as a trade union in cases falling under any of the following subparagraphs:

(a) Where an employer or other persons who always act in the interest of the employer is allowed to join it;

(b) Where most of its expenditure is supported by the employer;

(c) Where its activities are only aimed at mutual benefits, moral culture and other welfare undertakings;

(d) Where a person other than a worker is allowed to join it;

(e) In case where its aims are mainly directed at political movements;

5. The term "industrial disputes" means any controversy or difference arising from disagreements between a trade union and an employer or employers’ association (hereinafter referred to as "parties to labor relations") with respect to the determination of terms and conditions of employment as wages, working hours, welfare, dismissal, and other treatments. In such cases, the disagreements refer to situations in which the parties to labor relations are no longer likely to reach an agreement by means of voluntary bargaining even if they continue to make such an attempt;

6. The term "industrial actions" means actions or counter-actions which obstruct the normal operation of a business, such as strikes, sabotage, lock-outs, and other activities through which the parties to labor relations intend to accomplish their claims.