Introduction&Composition
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DATE: 2010-03-25 VIEW: 2309
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Korea¡¯s labor laws can be divided into three categories: individual labor relations laws such as the Labor Standards Act and the Minimum Wage Act; collective labor relations laws such as the Trade Union and Labor Relations Adjustment Act (TULRAA) and the Act on the Promotion of Worker Participation and Cooperation; and employment relations laws such as the Basic Employment Policy Act, the Employment Security Act, and the Employment Insurance Act. The most important labor laws are the Labor Standards Act and TULRAA. The Labor Standards Act was legislated in 1953 and TULRAA was legislated in 1997 by merging former trade union law and former labor disputes adjustment law.

¡Ü Individual labor relations laws regulate relations between workers and employers. These laws aim to provide legal criteria for signing labor contract, contract contents and its change and extermination in order to protect working conditions of workers.

¡Ü Collective labor relations laws regulate labor-management relations of trade unions or workers¡¯ representatives and employers. These laws aim to resolve matters autonomously between labor and management (labor-management autonomism) by guaranteeing workers¡¯ right to unite, who are economically and socially inferior to employers in terms of their positions, so that they can have substantially equal relationship with employers. The law on the promotion of workers¡¯ participation is, due to its characteristics, called ¡®cooperative labor-management relations law¡¯.

¡Ü Employment relations laws aim to contribute to striking balance between supply and demand of the labor market, stabilizing workers¡¯ lives through employment security, and developing national economy.
 
Coverage of Labor Laws
 
Labor Standards Act 5 employees and over - some provisions are applied to workplaces with 4 employees and fewer -workplaces with
10 employees and over must have the rule of
employment
Occupational
Safety and
Health Act
Ordinary All workplaces - some industries and workplaces with 5
employees and fewer are applied with only part of
the provisions.
Designating
general safety and
health manager
100 employees and over - some industries with 50 employees and over
are applied, too.
Designating safety
and health manager
50 employees and over - some industries are exempted
Occupational Safety
and Health Committee
100 employees and over - some industries with 50 employees and over are applied, too.
Minimum Wage Act All workplaces  
Act on Equal Employment
and Support for
Work-Family Reconciliation
All workplaces - workplaces with fewer than 5 employees are
exempted from the application of part of the
provisions.
Industrial Accident
Compensation Insurance Act
All workplaces - some industries such as agricultural, forestry,
and fisheries with fewer than 5 employees are
exempted
Act on the Promotion of Worker
Participation and Cooperation
30employees and over - regardless of existence of a trade union, labor-management council shall be established at all businesses or workplaces with the right to determine working conditions that with have 30 employees and over.

- workplaces with 30employees and over shall have a grievance handling committee.
Trade Union and Labor Relations Adjustment Act, Employment Security Act All workplaces  
Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons 50 employees and over - employ more than 2% of the full-time workers as the handicapped

- If failed to employ the disabled, employer are imposed levies. If the disabled are employed more than the quota, encouragement subsidy is paid

* Levies are exempted for workplaces with fewer than 100 employees
Employee Welfare Fund Act All workplaces  
Act on Age Discrimination Prohibition in Employment and Aged Employment Promotion All workplaces - workplaces with 300 employees and over need to make efforts to hire the aged more than the
standard employment rate.

* Manufacturing 2%, transport/real estate, renting and leasing 6%, others 3%
Employment Insurance Act All workplaces - businesses with fewer than 5 employees in some industries such as agriculture, forestry and fishery are exempted.