Contributed By Yoon & Yang LLC (Seoul - HQ)
Article 29 of the Trade Union Act confers the representative of a trade union with the authority to bargain and enter into a collective agreement with the employer on behalf of the trade union and its members. Hence, any bylaws or internal regulations applicable to trade unions that limit the foregoing authority of a trade union’s representative are deemed invalid.
Neither the Trade Union Act nor any relevant laws provide for methods of appointing or electing a representative for a trade union. Therefore, methods and procedures for appointing or electing the trade union representative can be determined through bylaws or internal regulation of the trade unions, and the trade union representative should be appointed or elected accordingly.