Last Updated March 08, 2019

Law and Practice

Authors



Yoon & Yang LLC (Seoul - HQ) 's Employment and Labour Practice Group consists of 17 attorneys and other professionals who all concentrate solely on employment issues. The type of issues that the Practice Group has recently represented are illegal worker dispatches, discriminations among different type of workers, implementation of performance-based salary system, protection of non-regular workers, and ordinary wage issues. The firm's key areas of practice are general HR issues, including performance-based salary systems, labour union activities, collective bargaining agreements and disciplinary regulations, employment issues in mergers and acquisitions, employment issues on corporate restructuring, representation in labour disputes in civil, criminal and administrative proceedings.

Article 2.4 of the Trade Union and Labor Relations Adjustment Act (the “Trade Union Act”) defines a trade union (ie a labour union) as “an organisation or associated organisations of employees, which is formed voluntarily and collectively upon the employees’ initiative for the purpose of maintaining and improving their working conditions and enhancing their economic and social status”. However, such organisation or associated organisations of employees are not considered as a trade union if (i) an employer or other person who always acts in the interest of the employer is allowed to join, (ii) most of the union’s expenditure is funded by the employer, (iii) its activities are only aimed at mutual benefits, moral culture and other welfare undertakings (as opposed to enhancing employees’ working conditions), (iv) those who are not employees are allowed to join the union, or (v) the main purpose of the union is to engage in political activities.

The most important function and role of a trade union is engaging in “collective bargaining” with the employer and thereby executing a “collective agreement” in order to foster enhancement and preservation of employees’ working conditions (see Articles 29 and 31 of the Trade Union Act).

In addition, trade unions may engage in “collective actions” in order to carry through with their positions in a dispute against the management arising from disagreements concerning working conditions (see Articles 2.5 and 2.6 of the Trade Union Act).

Yoon & Yang LLC

ASEM Tower, 517 Yeongdong-daero
Gangnam-gu
06164
Seoul
Korea

+82 2 6003 7000

+82 2 6003 7800

yoonyang@yoonyang.com www.yoonyang.com
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Authors



Yoon & Yang LLC (Seoul - HQ) 's Employment and Labour Practice Group consists of 17 attorneys and other professionals who all concentrate solely on employment issues. The type of issues that the Practice Group has recently represented are illegal worker dispatches, discriminations among different type of workers, implementation of performance-based salary system, protection of non-regular workers, and ordinary wage issues. The firm's key areas of practice are general HR issues, including performance-based salary systems, labour union activities, collective bargaining agreements and disciplinary regulations, employment issues in mergers and acquisitions, employment issues on corporate restructuring, representation in labour disputes in civil, criminal and administrative proceedings.

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