ESLC Economic, Social & Labor Council

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Act on the Establishment and Operation of the Economic, Social and Labor Council

Article 1 (Purpose)

The purpose of this Act is to resolve social polarization, promote social integration, and contribute to the balanced development of the national economy by establishing the Economic, Social and Labor Council where the government and social and economic agents such as workers and employers discuss employment and labor policies and related economic and social policies based on the spirit of trust and cooperation, and answer requests for advice from the President, as well as by stipulating matters necessary for the organization and operation of the Economic, Social and Labor Council.

Article 2 (Duties of the Participants)

The government and social and economic agents such as workers and employers shall take part in discussions in an independent, voluntary, and sincere manner on the basis of mutual trust, and shall respect the results of the discussions to the utmost degree.

Article 3 (Establishment of the Economic, Social and Labor Council and its Functions)

①  The Economic, Social and Labor Council (hereinafter referred to as “the Council”) shall be under the President.
② The Council shall conduct discussions on the following matters:
1. Matters pertaining to employment and labor policies, and related industrial, economic, welfare, and social polices,
2. Matters pertaining to the improvement of the system as well as the improvement of awareness and practices for the development of labor relations
3.  Matters pertaining to plans to offer support for projects designed to promote cooperation among social and economic agents such as workers and employers
4.  Other matters on which the President seeks advice

Article 4 (Composition and Operation of the Council)

① The Council shall consist of a Chairperson and other members as follows:
1. One Vice Chairperson
2. Five members representing workers
3. Five members representing employers
4. Two members representing the government
5. Four members representing public interests
② The Chairperson and Vice Chairperson shall be appointed by the President.
③ The following members shall be appointed by the President as members representing workers:
1. Representatives of workers’ organizations that are national-level trade union associations 2. Persons who are recommended by workers’ organizations that are national-level trade union associations and are requested by the Chairperson for appointment
④ The following members shall be appointed by the President as members representing employers:
1. Representatives of national-level employers’ organizations
2. Persons who are recommended by national-level employers’ organizations and are requested by the Chairperson for appointment
⑤ The members representing the government shall be the Minister of Strategy and Finance and the Minister of Employment and Labor.
⑥ The members representing public interests shall have vast knowledge and experience in employment, labor, economic, and social issues and shall be requested by the Chairperson for appointment and appointed by the President after receiving the opinions of workers’ organizations that are national-level trade union associations and national-level employers’ organizations.
⑦ If necessary, for discussing matters stipulated in Paragraph 2 of Article 3, the President may appoint the heads of related administrative bodies such as the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, and the Minister of SMEs and Startups as special members in addition to the other members mentioned in Paragraph 1 of this Article.
⑧ Other matters necessary for the composition and operation of the Council shall be prescribed by Presidential Decree.

Article 5 (Duties of the Chairperson and Others)

① The Chairperson shall represent the Council and direct its work.
② The Vice Chairperson shall assist the Chairperson, and act on behalf of the Chairperson in case the Chairperson is unable to carry out his or her duties due to unavoidable circumstances.

Article 6 (Terms of Members)

① The terms of the Chairperson and Vice Chairperson shall be two years, and they may serve consecutive terms.
② The Chairperson and the members whose terms have expired shall continue to carry out their duties until their successors are appointed.

Article 7 (Meeting of the Council)

① The Chairperson shall convene a meeting and serve as the chair of the meeting
② A meeting of the Council shall be convened in one of the following cases:
1. When the President requests it,
2. When one-third or more of the enrolled Council members request it, or
3. When the Chairperson finds it necessary to convene a meeting
③ The quorum for a meeting shall be two-thirds or more of the enrolled members. A decision made at a meeting requires a two-thirds or more vote of the members present in the meeting.
④ A decision, as mentioned in Paragraph 3, requires the presence of one half or more of members representing workers, employers, and the government, respectively.

Article 8 (Steering Committee)

① The Council shall set up the Steering Committee in order to deal with the following matters:
1. To review and coordinate the agenda that is to be submitted for the Council meetings
2. To deal with matters delegated by the Council
3. To provide assistance to the activities of the Council
② The Steering Committee shall consist of ten or fewer members, including the Committeeperson. The Vice Chairperson of the Council shall serve as the Committeeperson of the Steering Committee at the same time.
③ Potential Steering Committee members who meet the following qualifications may be appointed by the Chairperson of the Council:
1. Persons who may assist the representatives of workers’ organizations that are national-level trade union associations and act on behalf of the representatives
2. Persons who may assist the representatives of national-level employers’ organizations and act on behalf of the representatives
3. Vice Ministers of the related administrative bodies.
④ Article 6 and Paragraphs 1, 3, and 4 of Article 7 apply mutatis mutandis to the Steering Committee. In this case, the ‘Chairperson’ shall be considered as the
‘Committeeperson of the Steering Committee’, the ‘members’ shall be the ‘members of the Steering Committee’, and the ‘Council’ shall be the ‘Steering Committee’.
⑤ Other matters necessary for the composition and operation of the Steering Committee shall be prescribed by Presidential Decree.

Article 9 (Committees by Agenda and Sector)

① The Council shall set up agenda-based Committees and sectoral Committees under the Steering Committee. The term of existence of such Committees shall be up to one year, and if necessary, may be extended by the decision of the Council.
② The Committeepersons for the agenda-based or sectoral Committees shall be appointed by the Chairperson of the Council.
③ Other matters necessary for the composition and operation of the agenda-based or sectoral Committees shall be prescribed by Presidential Decree.

Article 10 (Committee for Agenda Development and Coordination)

① The Council shall set up the Committee for Agenda Development and Coordination under the Steering Committee.
② The Vice Chairperson of the Council shall serve as the Committeeperson of the Committee for Agenda Development and Coordination at the same time.
③ Matters necessary for the composition and operation of the Committee for Agenda Development and Coordination shall be prescribed by Presidential Decree.

Article 11 (Special Committees and Others)

① The Council may set up Special Committees under the Steering Committee to deal with urgent issues.
② The Council may set up relevant Committees under the Steering Committee so that each social group may develop an agenda, propose policy, and if necessary, request that the Council propose a bill.
③ Matters necessary for the composition and operation of the Special Committees in Paragraph 1 and relevant Committees in Paragraph 2 shall be prescribed by Presidential Decree.

Article 12 (Secretariat)

① The Council shall set up a Secretariat to deal with the work of the Council.
② The Secretariat shall have the post of a Secretary-General, and the Vice Chairperson of the Council shall serve as the Secretary-General at the same time.
③ Other matters necessary for the composition and operation of the Secretariat shall be prescribed by Presidential Decree.

Article 13 (Specialist Advisors)

① The Council shall have Specialist Advisors for specialized study and research on the work of the Council.
② Matters necessary for the number and qualifications of the Specialist Advisors shall be prescribed by Presidential Decree.

Article 14 (Cooperation from Related Organization and Others)

① If necessary for its work, the Council may request the following:
1. Attendance and statement of opinion of a person(s) concerned, a related public official(s), and/or a related specialist(s)
2. Submission of materials or explanation from a person(s) concerned or a related organization(s)
② Such persons concerned, related public officials, or a related organizations that receive a request according to Paragraph 1 shall comply with the request except in a case of special circumstances.

Article 15 (Collection of Public Opinion)

The Council may collect public opinions by holding public hearings and/or seminars, having broadcasted discussions, or conducting surveys when necessary for its work.

Article 16 (Commission of Survey and Research)

The Council may commission related institutions, organizations, or specialists to conduct surveys and research when necessary for its work.

Article 17 (Dispatch of Public Officials and Staff Members)

If necessary for the work of the Council, the Chairperson may consult with the heads of related institutions or organizations so that their public officials or staff members are seconded to the Council or hold an additional post in the Council.

Article 18 (Report of Discussion Results)

① The Chairperson of the Council shall report its major activities, including the discussion results of the Council, to the President.
② The Chairperson of the Council may inform the related administrative bodies of its decisions and demand implementation of the decisions.

Article 19 (Duty of Implementation)

The government and social and economic agents such as workers and employers shall do their best to reflect the decisions made by the Council in their policy and implement them diligently.

Article 20 (Support for Regional Social Dialogue)

① The Council may provide necessary support for the promotion of social dialogue between the local governments and social and economic agents such as workers and employers in the region.
② Matters on the necessary support according to Paragraph 1 shall be prescribed by Presidential Decree.

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. However, Article 4(8), Article 8(5), Article 9(3), Article 10(3), and Article 11(3) shall enter into force three months after its promulgation.

Article 2 (Special Rules for Members Whose Terms Have Expired)

Notwithstanding Article 6(2), among the members appointed under the previous legislation, the members whose terms expired upon the enforcement of this Act are considered to be dismissed.

Article 3 (Interim Measure on the Establishment of the Council)

The Economic and Social Development Commission that was set up under the previous legislation and exists upon the enforcement of this Act shall be considered the Economic, Social and Labor Council set up under this Act.

Article 4 (Interim Measures on the Terms of Members)

① Among the members appointed under the previous legislation, the members whose terms have not expired upon the enforcement of this Act shall be considered members under this Act.
② The terms for the newly appointed members according to Article 4 of this Act shall start from their appointment date. In the case of members whose terms have not expired according to Paragraph 1, their terms shall be the remaining period of their previous terms.