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Related Statute

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Related Statute

ACT ON THE ESTABLISHMENT AND OPERATION, ETC. OF PUBLIC OFFICIALS' TRADE UNIONS

Article 8 (Authority, etc. to Bargain and Conclude Collective Agreements) (1) The representative of a trade union shall have the authority to bargain and conclude a collective agreement on matters concerning the trade union or its members' remuneration, welfare and other working conditions with a person (hereinafter referred to as "the government's negotiating representative") who holds office as Secretary General of the National Assembly, Director of the Court, Secretary General of the Constitutional Court, Secretary General of the National Election Commission, Minister of Personnel Management (representing the administration), special city mayor, metropolitan city mayor, governor of special self-governing province, provincial governor, head of Si, Gun or Gu (referring to the head of an self-governing area) or superintendent of the education office of the special city, a metropolitan city, a special self-governing city, a province, or a special self-governing province : Provided that matters concerning policy decisions the State or local governments are authorized to make under Acts and subordinate statutes, etc. and matters concerning the management and operation of the organization, such as exercising the right to appointment, etc., but not directly related to working conditions shall not be subject to the bargaining.
(2) If a trade union demands negotiations over matters which the government is authorized to manage or decide on its own under Acts and subordinate statues, etc, the government's negotiating representative shall accept the demand unless there is any justifiable reason.
(3)The government's negotiating representative may, if necessary for efficient negotiation, conduct negotiations jointly with the government's other negotiating representatives or delegate the authority to negotiate and conclude a collective agreement to the government's other negotiating representatives.
(4)The government's negotiating representative may, if necessary for efficient negotiation, have the head of a related organization other than the government's negotiating representative take part in negotiations and with regard to matters which the heads of other organizations are authorized to manage or decide, delegate the authority to negotiate and conclude a collective agreement to the heads of the organizations concerned.
(5)If the government's negotiating representative or heads of other organizations conduct collective negotiations pursuant to Articles 2 through 4, they may have their public officials conduct negotiations and conclude collective agreements on behalf of them.

Article 9 (Bargaining Procedures) (1) A trade union shall organize a bargaining group composed of its representative and members to conduct collective negotiations under
Article 8.
(2) If the representative of a trade union intends to negotiate with the government's negotiating representative pursuant to Article 8, he/she shall demand negotiations in writing to the government's negotiating representative who has authority over the matters he/she intends to negotiate.
(3) If the government's negotiating representative has received a demand for negotiations from a trade union pursuant to paragraph (2), he/she shall publicly notify the fact that he/she has received a demand for negotiations so that the relevant trade union can take part in the negotiations.
(4) If there are two or more trade unions that demand negotiations pursuant to paragraphs (2) and (3), the government's negotiating representative may request the trade unions concerned to establish a single bargaining channel. In this case, he/she may refuse to negotiate until a single bargaining channel is established.
(5)The government's negotiating representative which has signed a collective agreement with the relevant trade union pursuant to paragraphs (1) through (4) may refuse to negotiate during the effective period of the agreement, even in case a trade union which did not participate in the signing of the collective agreement demands negotiations.
(6) Necessary matters concerning collective bargaining procedures, etc. under paragraphs (1) through (5) shall be prescribed by the Presidential Decree.

Article 10 (Effect of Collective Agreement) (1) In collective agreements concluded pursuant to Article 9, provisions regulated by Acts and subordinate statutes, bylaws or budgets and provisions regulated by the authority delegated under Acts and subordinate statutes or bylaws shall not have the effect of collective agreements.
(2) With regard to provisions that do not have the effect of collective agreements pursuant to paragraph (1), the government's negotiating representative shall make efforts in good faith to implement the provisions.