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Legislation No. 5,990

Article 1 (Purpose)

The purpose of this Act is to seek industrial peace and contribute to the balanced development of the national economy by establishing the Tripartite Commission of labor unions, management and the Government, and stipulating matters necessary for its organization and operation, for the purpose of discussion of labor policies and matters related to them on the basis of the spirit of mutual trust and cooperation among the three parties, as well as providing advice to the President when necessary.

Article 2 (Duties of the Commission)

The three parties (labor-management-government) shall take part in relevant meetings on the basis of mutual trust in a bona fide manner and respect the results of the meetings to the utmost of their abilities.

Article 3 (Establishment of the Commission and Its Functions)

①	The Commission shall belong to the President.

②	The Commission shall deal with each of the following matters.

Matters pertaining to labor policies on workers’ employment stability and conditions as well as industrial, economic and social policies that have a significant impact on such labor policies,

Matters pertaining to the principles and directions of the restructuring of the public sector,

Matters pertaining to the need for improvement of the system, consciousness and practice for the development of labor-management relations,

Matters pertaining to how to carry out the decisions made at meetings of the Commission,

Matters pertaining to how to provide support to projects designed for the promotion of cooperation among the three parties, and

Other matters for which the President seeks advice.

Article 4 (Composition and Operation of the Commission)

①	The Commission shall be comprised of 20 (twenty) or less members representing labor, management, the Government and public interest, and includes a Chairman and a Vice Chairman . In this case, the number of those representing labor and management shall be the same.

②	The Chairman and the Vice Chairman mentioned in the foregoing 1) shall be appointed by the President.

③

Those appointed by the President shall include one who represents labor on a national level and is chosen among the representatives of labor organizations, one who represents management and is chosen among representatives of management organizations on a national level, and one who represents public interest and is chosen among those well versed and experienced in labor matters. In this case the member of the public interest shall be appointed in deference to the opinions of labor organizations and management organizations on a national level in advance.

④	The one representing the Government among those mentioned in the foregoing ③ shall be Minister of Finance & Economy and Minister of Labor.

⑤

The President may appoint Minister of Commerce, Industry and Energy, Minister of Planning and Budget, and Chairman of the Financial Supervisory Commission as Special Members of the Commission within the limit of the number of the members stipulated in the foregoing ①, if so required to discuss the matters stipulated in the foregoing Subparagraph 2, Paragraph ② of Article 3.

⑥	Matters required for composition and operation of the Commission shall be stipulated by the Presidential decree.

Article 5 (Duties of the Chairman etc.)

①	The Chairman shall stand as the head of the Commission and control the general business of the Commission.

②	The Vice Chairman shall assist the Chairman, and act for the Chairman when the Chairman is unable to perform his/her duty for an unavoidable reason.

Article 6 (Terms for Members)

①	The term for Commission members shall be two years, which may be extended.

②	A member whose term has expired shall continue to perform his/her duty until his/her successor is appointed, if that is the case.

Article 7 (Meeting of the Commission)

①	The Chairman shall convene the plenary session and act as the chairman of the meeting.

②	A meeting of the Commission shall be convened if one of the following applies:

In case the President demands it,

In case a third or more of the total number of the members demands it, and

In case the Chairman finds it necessary to convene a meeting.

③	A quorum for holding a meeting shall have a presence of half or more of the total number of the members. A decision shall require consent of two-thirds or more of the members present in a meeting.

④	A decision stated in the foregoing ③ shall require presence of a half or more of those representing labor, management and the Government, respectively.

⑤	The Chairman may have the head of a related Government institution present and speak at a meeting of the Commission, if necessary

Article 8 (Standing Committee)

①	The Commission shall have a Standing Committee assigned for review and coordination of agenda to be submitted to the Commission as well as dealing with the matters entrusted by the Plenary Committee and providing assistance to the Commission in its activities.

②	The Standing Committee stated in the foregoing 1) shall be comprised of 25 (twenty-five) or less members including the chairman. The Vice Chairman of the Commission shall concurrently act as the chairman of the Standing Committee.

③	The Standing Committee members shall be comprised of those appointed by the Chairman among working-level officials of labor, management and the Government as well as related specialists supposed to represent public interest.

④	What is stipulated in Paragraphs ①, ③ through ⑤ of Article 7 shall also apply to the Standing Committee.

⑤	Matters required for composition and operation of the Standing Committee shall be stipulated by the Presidential decree.

Article 9 (Subcommittees)

①	The Standing Committee shall have a subcommittee for each field assigned for review and coordination of agenda to be submitted to the Standing Committee as well as for dealing with the matters entrusted by the Standing Committee and providing assistance to the Standing Committee in its activities.

②	The chairman of each subcommittee shall be appointed by the Commission Chairman among the members of the Standing Committee supposed to represent public interest.

③	Matters required for composition and operation of subcommittees shall be stipulated by the Presidential decree.

Article 10 (Special Committee)

①	The Commission may have special committees to deal with specific matters in various fields if necessary.

②	The Special Committee Chairman shall be appointed by the Commission Chairman.

③	The Special Committee Chairman shall report the results of its meetings to the Commission.

④	Matters required for composition and operation of special committees shall be stipulated by the Presidential decree.

Article 11 (Secretariat)

①	The Commission shall have Secretariat assigned to deal with general matters of the Commission.

②	The Secretariat shall have its Secretary General.

③	Matters required for composition and operation of the Secretariat shall be stipulated by the Presidential decree.

Article 12 (Expert Advisors)

①	The Commission shall have Expert Advisors for specialized surveys and research concerning its activities.

②	Matters such as the number and qualifications for the Expert Advisors shall be stipulated by the Presidential decree.

Article 13 (Cooperation from Related Institutions etc)

①	The Commission may take the following steps if so required for its business:

Request for presence of a person(s) concerned, a related public official(s) and a related specialist(s) in order to listen to their opinion(s)

Request for submittal of data or explanation from a person(s) concerned or a related institution(s)

②	Such person(s) concerned, a related public official(s) or a related institution(s) as have been put to the request(s) mentioned in the foregoing 1) shall do their best to comply with it/them.

Article 14 (Survey of Public Opinion)

The Commission may hold a public hearing, seminar or a panel discussion broadcast or conduct/collect a survey of public opinion if so required concerning its business.

Article 15 (Entrusting of Survey or Research)

The Commission may entrust a related institution, organization or specialist with a survey or research if so required concerning its business.

Article 16 (Dispatch of Related Public Official and Staff-member)

The Commission Chairman may have a public official(s) or a staff-member(s) come to work for the Commission either part-time or full-time for some period in consultation with the head of the relevant institution or organization if so required for its business.

Article 17 (Report of Results of Discussion)

①	The Commission Chairman shall report major matters of its activities including the results of a meeting of the Commission to the President.

②	The Commission Chairman may inform the related administrative institutions of its decision(s) and urge it to carry out decisions made in the Commission.

Article 18 (Duty of Due Diligence)

①	Labor, management and the Government shall do their best to carry out the decisions made by the Commission and have them reflected in their policy-making with the implementation in due diligence.

②

In case the decisions made in the Commission are delayed or not carried out within a reasonable period of time, the Commission Chairman may request the relevant administrative institution, labor or management organization for explanation or submittal of material explaining the reason for not carrying it out.

Article 19 (Local Tripartite Councils)

①	The head of a local autonomous body may establish a local tripartite (labor-management-government) council for enhancement of cooperation among the three parties in the area in his/her jurisdiction.

②	Matters required for composition and operation of a local tripartite council shall be stipulated by the Presidential decree.

Additional Rules

①	(Effective Date) This Act shall take effect from the day of promulgation.

②	(Interim Measures on Establishment of the Commission) The Tripartite Commission existing before the effectuation of this Act under the previous regulations shall be deemed to be the Tripartite Commission established under this Act.

③	(Interim Measures on Term of Members) The members appointed under the existing previous regulations at the time of promulgation shall carry out their duties until new members are appointed under this Act.

Presidential Decree No. 16,519

Article 1 (Purpose)

The purpose of this Enforcement Ordinance is to set forth matters necessary concerning the matters entrusted by the Act on Establishment and Operation of Tripartite (Labor-Management-Government) Commission (Dated May 24, 1999) and their enforcement.

Article 2 (Composition of the Commission)

The number of members representing labor and management stated in Article 4 of the Act on Establishment and Operation of Tripartite (Labor-Management-Government) Commission (“the Act” hereinafter) shall be two, respectively.

Article 3 (Proposal and Submittal of Agenda)

①	A Commission member may propose an agenda to be submitted to the Commission.

②

The Commission Chairman (“the Chairman” hereinafter) shall submit an agenda proposed by a member to the Commission via the process of review and coordination by the Standing Committee stipulated in Article 8 of the Act. The Chairman may also submit an agenda to the Commission without going through the Standing Committee in an inevitable situation by virtue of his/her office.

Article 4 (Meeting of the Commission)

①

When the Chairman intends to convene a meeting under the regulation in Paragraph 2 of Article 7 of the Act, he/she shall inform all the members of the date, place and agenda of such a meeting at least 3 (three) days in advance of the day of the meeting, provided that he/she may not do so under an inevitable situation.

②	The Chairman may proceed with a closed-door meeting if deemed necessary with the consent of the Commission.

Article 5 (Composition of Standing Committee)

①	The Standing Committee shall consist of the chairman and the members stated in the following:

	1.	5 (five) persons recommended by national-level labor organizations,
	2.	5 (five) persons recommended by national-level management organizations,
	3.	Vice Minister of Finance & Economy and Vice Minister of Labor, and
	4.	9 (Nine) or less relevant specialists supposed to represent the public interest.

②

The Chairman may appoint Vice Minister of Commerce, Industry and Energy, Vice Minister of Planning and Budget, and Vice Chairman of the Financial Supervisory Commission as members of the Standing Committee, if so required for discussion of the matters concerning Subparagraph 2, Paragraph 2) of Article 3 of the Act.

③	The Chairman may release a member appointed at the recommendation of a labor or management organization from his/her position in the Standing Committee in case there is such a request from the relevant labor or management organization.

Article 6 (Provision of Supports for the Commission)

The Standing Committee shall deal with each of the following businesses and report the results to the Commission:

①	Review and coordination of an agenda to be submitted to the Commission,

②	Dealing with a matter entrusted by the Commission,

③	Checking to see whether decisions made by the Commission are carried out,

④	Matters concerning a survey of public opinion stated in Article 14 of the Act,

⑤	Matters pertaining to request for a survey or research stated in Article 15 of the Act

Article 7 (Meeting of the Standing Committee)

①	A meeting of the Standing Committee shall be convened on one of the following occasions:

	1.	When there is a request from the Chairman,
	2.	When there is a request from a third or more of the Standing Committee members, or
	3.	When the Standing Committee chairman finds it necessary.

②	In case the Standing Committee chairman is unable to perform his/her duty for an unavoidable reason, a Standing Committee member appointed by the chairman shall act for him/her.

③	What is stipulated in the foregoing Article 4 shall apply to the Standing Committee, with the Chairman meaning the “Standing Committee chairman”, and the Commission meaning the “Standing Committee”.

Article 8 (Composition of Subcommittees)

①	Composition of a subcommittee for each field stipulated in Paragraph 1 of Article 9 of the Act shall be subject to the decision of the Standing Committee.

②	A subcommittee shall consist of 15 (fifteen) or less members including the chairman.

③	A subcommittee member shall be appointed by the chairman among those in the following:

	1.	Those recommended by national-level labor organizations,
	2.	Those recommended by national-level management organizations,
	3.	Public officials recommended by the head of a related administrative institution, and
	4.	Related specialists supposed to represent public interest.

Article 9 (Meeting of Subcommittees)

①	The subcommittee chairman shall convene a meeting of the subcommittee and act as the chairman of the meeting.

②	A quorum for holding a subcommittee meeting shall have a presence of half or more of the total number of the subcommittee members. A decision shall require consent of two-thirds or more of the members present in a meeting.

③	A decision stated in the foregoing ② shall require a presence of half or more of the subcommittee members respectively for each category stated in Subparagraphs 1 through 3 of Paragraph 3 of Article 8.

④	The subcommittee chairman may have a working level official(s) of a related administrative institution(s) present and speak at one of its meetings if so required.

⑤

Article 4 and Paragraphs ① and ② of Article 7 shall apply to subcommittees, with the “Chairman” meaning the “subcommittee chairman”, the “Commission” meaning the “subcommittee”, the “Standing Committee”, the “Chairman”, the “Standing Committee members”, and the “Standing Committee chairman” in Paragraphs ① and ② of Article 7 meaning the “subcommittee”, the “Standing Committee chairman”, the “subcommittee members”, and the “subcommittee chairman”, respectively.

Article 10 (Composition of Special Committees)

①	A special committee stipulated in Article 10 shall be comprised of 20 (twenty) or less members including the chairman.

②	The special committee chairman shall be appointed by the Commission Chairman among those supposed to represent the public interest.

③	The special committee members shall be appointed by its chairman among those stated in each subparagraph of Paragraph, Article 8.

④	A special committee may have subcommittees in the committee if so required.

Article 11 (Meeting of Special Committees)

①	A special committee member may propose an agenda to be submitted to the special committee.

②

Article 4, Paragraph ① of Article 7 and Paragraphs ① through ④ of Article 9 shall apply to the Special Committee, with the “Chairman” and “the “Commission” in Article 4 meaning the “special committee chairman” and the “special committee,” respectively, and the Standing Committee,” “the Standing Committee members,” and the “Standing Committee chairman” in Paragraph ① of Article 7 meaning the “special committee,” the “special committee members,” and the “special committee chairman”, respectively. And the “subcommittee chairman” and the “subcommittee” in Paragraphs① through ④ of Article 9 shall mean the “special committee chairman” and the “special committee” in this case.

Article 12 (Organization and Operation of the Secretariat)

①	The Chairman shall appoint the Secretary General under Paragraph 2) of Article 11 of the Act. In this case the Chairman may have Vice Chairman concurrently act as the Secretary General of the Secretariat.

②	The Secretary General shall deal with the businesses entrusted to him by the Chairman and control and supervise the employees of the Secretariat.

③	The Commission may employ specialists in related fields as public officials on a contract basis if so required in dealing with its businesses.

④	Matters required for organization and operation of the Secretariat shall be stipulated as operational regulations of the Commission.

Article 13 (Number and Capacity of Expert Advisors etc)

①	The number of the Commission Expert Advisors under Article 12 of the Act shall be 10 (ten) or less.

②	The Expert Advisors shall be appointed by the Chairman among Ph. D. holders in labor, industry, economy and social policy who have extensive knowledge and experience in the related field.

③	The Expert Advisors shall perform the following assignments as part of surveys and research related to the Commission’s business:

	1.	Review of agendas submitted to the Commission,
	2.	Review of how to carry out what the Commission has decided,
	3.	Gathering of data related to the Commission’s business, and
	4.	Other matters required by the Commission.

Article 14 (Allowance, etc.)

Remuneration, allowances, traveling expenses and other necessary expenses may be paid, within the budget, to the Chairman, the Standing Committee chairman, the subcommittee chairmen, the special committee chairmen, the members of the Commission, the Standing Committee, the subcommittees and the special committees, the Secretary General and other employees of the Secretariat, the Expert Advisors and other related specialists working for the Commission.

Article 15 (Disclosure of Whether the Commission’s Decision Has Been Carried Out)

The Chairman shall check to see whether labor, management and the Government has carried out the Commission’s decisions with due diligence under Article 18 of the Act on a quarterly basis and may disclose the results of the check if so required, in order to have each of them to comply with the Commission’s decisions faithfully.

Article 16 (Composition of Local Tripartite Council)

①	The local tripartite (labor-management-government) councils established under the regulation in Paragraph 1) of Article 19 shall be comprised of 15 (fifteen) or less including the chairman.

②	The local tripartite council members shall be appointed among those in the following. In this case, the number of the members representing labor and management shall be equal.

	1.	Those representing labor,
	2.	Those representing management,
	3.	Those supposed to represent public interest, and
	4.	Those representing the relevant local autonomous body.
	5.	Those representing the relevant local labor office.

③	The local tripartite council under the foregoing 1) shall be in charge of discussing the following matters:

	1.	Matters pertaining to how to promote cooperation among the three parties in the relevant region,
	2.	Matters pertaining to unemployment and employment measures in the relevant region, and
	3.	Other matters pertaining to the local economy.
	4.	Those representing the relevant local autonomous body.

④	Matters required for composition and operation of the local tripartite council shall be stipulated in the ordinance of the related local autonomous body in such a way as will suit the region.

Article 17 (Operational Regulations)

Matters not covered by this Enforcement Ordinance concerning operation of the Commission shall be fixed by the Chairman upon the decision by the Commission.

Additional Rules

①	(Effective Date) This Ordinance shall take effect from the day of promulgation.

②	(Effective Date) This Ordinance shall take effect from the day of promulgation.