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Law & Regulations

The Act on Establishment & Operation of the ESDC(Legislation No.8297, January 26,2007)

  • 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 Economic and Social Development 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.
    1. 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,
    2. Matters pertaining to the need for improvement of the system, consciousness and practice for the development of labor-management relations,
    3. Matters pertaining to how to carry out the decisions made at meetings of the Commission,
    4. Matters pertaining to how to provide support for projects designed to promote cooperation among the three parties
    5. Other matters for which the President seeks advice.
  • Article 4 (Composition and Operation of the Plenary Committee)
    (1) The Committee shall consist of Chairperson, Vice Chairperson of the Procedures by Works Economic and Social Development 3 Commission of Korea 031 Commission, and two members representing labor, management, and the government respectively.
    (2) The Chairperson and the Vice Chairperson mentioned in the foregoing shall be appointed by the President.
    (3) The President shall appoint worker members among representatives of workers' organizations of national level and employer members among employers' organizations of national level, respectively.
    (4) The one representing the Government among those mentioned in the foregoing shall be Minister of Strategy and Finance and Minister of Employment and Labor.
    (5)Public interest members should be learned and experienced in labor, economic and social issues and shall be appointed by the President among those who are recommended by the Chairperson among those who survive the exclusion by workers' organizations of national level and employers' organizations of national level of those who are recommended by the Chairperson, workers' organizations of national level, and employers' organizations of national level.
    (6) In the event that it is necessary in consulting matters stated in provision 2 article 3 of the Act, the President can appoint the head of related administrative bodies such as the Minister of Trade, Industry and Energy as special member in addition to the members according to provision 1 article 4.
    (7) Matters necessary for composition and operation of the Committee and method of consecutive exclusion shall be decided by the Presidential Decree.
  • Article 5 (Duties of the Chairman etc.)
    (1) The Chairperson shall stand as the head of the Commission and control the general business of the Commission.
    (2) The Chairperson and the Vice Chairperson mentioned in the foregoing 1) shall be appointed by the President.
  • Article 6 (Terms for Members)
    (1) The term for the Plenary Committee 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 Plenary Committee)
    (1) The Chairperson shall convene the Plenary Committee and act as the Chairperson of the meeting.
    (2) A meeting of the Committee 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 Chairperson 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) Deleted
  • Article 8 (Standing Committee)
    (1) The Commission shall have a Standing Committee assigned for review and coordination of agenda to be submitted to the Plenary Committee as well as dealing with the matters entrusted by the Plenary Committee and providing assistance to the Plenary Committee in its activities.
    (2) The Standing Committee stated in the foregoing 1) shall be comprised of 20(twenty) or less members including the Chairperson. The Vice Chairperson of the Commission shall concurrently act as the Chairperson of the Standing Committee.
    (3)The Standing Committee members shall be comprised of those appointed Chairperson among working-level officials of labor, management and the Government as well as related specialists supposed to represent public interest. Provided that a Standing Committee member representing public interest shall be an expert in the field and those who survive consecutive exclusions by workers' organizations of national level and employers' organizations of national level of those who are recommended by the Chairperson, workers' organizations of national level, and employers' organizations of national level.
    (4) The provision of this article with respect to the Standing Committee shall apply in Article 6, Provision (1), (3), (4) of Article 7.
    (5) Matters necessary for composition and operation of the Standing Committee and method of consecutive exclusion shall be decided by the Presidential Decree.
  • Article 9 (Subcommittees) Deleted
  • Article 10 (Committee by Agenda and Industry)
    (1) The Commission can set up Committees by Agenda and Industry under the Standing Committee which can exist for up to one year. Provided that, when necessary, the period of existence can be prolonged once by up to one year.
    (2) The Chairperson of the Committee by Agenda and Industry shall be appointed by the Chairperson of the Economic and Social Development Commission.
    (3) Deleted
    (4) Matters necessary for composition and operation of the Committee by Agenda and Industry shall be decided 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 the post of Secretary-General who will be held concurrently by the Vice Chairperson of the Economic and Social Development Commission.
    (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 Chairperson 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 Chairperson shall report major matters of its activities including the results of a meeting of the Plenary Committee to the President.
    (2) The Commission Chairperson may inform the related administrative institutions of its decision(s) and urge it to carry out decisions made in the Plenary Committee.
  • Article 17-2 (Notification of Discussion Results)
    In the resolution process according to provision 3 and 4, article 7, in the event Procedures by Works Economic and Social Development 3 Commission of Korea that resolution is not possible because of the absence of either all worker members or all employer members, the Plenary Committee can start the deliberation with the attendance of the majority of the registered members and decide to notify to the government the discussion results up to the time with the approval of the majority of the attending members.
  • Article 18 (Duty of Due Diligence)
    (1) Labor, management and the Government shall do their best to carry out the decisions made by the Plenary Committee and have them reflected in their policy-making with the implementation in due diligence.
    (2) In case the decisions made in the Plenary Committee are delayed or not carried out within a reasonable period of time, the Commission Chairperson 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 (Regional Tripartite Committee)
    (1) The head of a local autonomous body may establish a regional tripartite(labor-management-government) committee for enhancement of cooperation among the three parties in the area in his/her jurisdiction.
    (2) The Commission can provide support necessary for establishment and operation of regional tripartite committees.
    (3) Matters necessary for composition and operation of and support for regional tripartite committees shall be decided 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 Economic and Social Development Commission existing before the effectuation of this Act under the previous regulations shall be deemed to be the Economic and Social Development 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.