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Busan Metropolitan City Ordinance on the Establishment And Operation Of Tripartite Council

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BUSAN METROPOLITAN CITY ORDINANCE ON THE ESTABLISHMENT AND OPERATION OF TRIPARTITE COUNCIL

Ordinance No. 3690, Feb. 15, 2001

Amended by Ordinance No. 3942, Jul. 8, 2004

Ordinance No. 3984, Feb. 16, 2005

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to establish a Busan Metropolitan City's Tripartite Council (hereinafter referred to as the "Council") under Article 19 of the Act on the Establishment, Operation, etc. of Tripartite Commission and Article 16 of the Enforcement Decree thereof as well as to provide for necessary matters concerning the composition and operation of that Council. (Amended by Ordinance No. 3984, Feb. 16, 2005)
  • Article 2
  • (Responsibilities of Labor, Management and Busan Metropolitan Government) The three parties of labor, management and the Busan Metropolitan Government shall, bona fide, participate in relevant conferences on the basis of mutual trust and shall respect the results of those conferences to the maximum extent possible.
  • Article 2-2 (Functions)
  • The Council shall consult on any of the following matters:
    • 1. Matters concerning the stability of labor relations in the region and the methods of cooperation among labor, management and the Busan Metropolitan Government;
    • 2. Matters concerning measures to cope with unemployment and to promote employment in the region; and
    • 3. Other matters necessary for the vitalization of regional economy. [This Article Newly Inserted by Ordinance No. 3942, Jul. 8, 2004]
  • Article 3 (Composition of Council) (1) The Council shall be composed of not more than twenty-five members including one Chairperson. (Amended by Ordinance No. 3942, Jul. 8, 2004)
  • (2) The Chairperson of the Council (hereinafter referred to as the "Chairperson") shall be the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor"), and the members shall be appointed or commissioned by the Mayor from among the following persons. In this case, the number of members representing labor organizations shall be the same as that of those representing employer organizations: (Amended by Ordinance No. 3942, Jul. 8, 2004)
    • 1. Persons who represent labor organizations on a level with Busan Metropolitan City (hereinafter referred to as the "City");
    • 2. Persons who represent employer organizations on a level with the City;
    • 3. Persons who represent the public interest;
    • 4. Heads of labor agencies in the Busan region; and
    • 5. Chief of the Economic Promotion Office of the City.
  • (3) The members who fall under paragraph (2) 3 shall be commissioned from among those persons who have much professional knowledge and experience on labor problems and economy-related matters after hearing opinions of labor organizations and employer organizations in advance. (Newly Inserted by Ordinance No. 3942, Jul. 8, 2004) Article 4 (Duties of Chairperson) (1) The Chairperson shall represent the Council when required and exercise general supervision and control over its affairs. (2) If the Chairperson is unable to perform his/her duties for any unavoidable reason, a member who is nominated in advance by the Chairperson shall act on behalf of the Chairperson.
  • Article 5 (Term of Office of Member) (1) A member who falls under Article 3 (2) 3 shall hold office for a term of two years and may be commissioned consecutively for a further term. (Amended by Ordinance No. 3942, Jul. 8, 2004)
  • (2) A member referred to in paragraph (1) shall, even if his/her term of office expires, continue to perform his/her duties until his/her successor is commissioned. (Amended by Ordinance No. 3942, Jul. 8, 2004)
  • Article 6 (Meeting) (1) The Chairperson shall convene and preside over meetings of the Council.
  • (2) A meeting of the Council shall be convened in a case falling under any of the following subparagraphs:
    • 1. If requested by at least one third of the members; or
    • 2. If deemed necessary by the Chairperson.
  • (3) A majority of the members of the Council shall constitute a quorum, and all decisions of the Council shall be taken by a two-thirds majority of those present.
  • (4) All decisions of the Council under paragraph (3) shall require the attendance of at least one half of the members representing labor organizations on a level with the City as well as of those representing employer organizations on a level with the City.
  • Article 7 (Duty of Due Diligence, etc.) (1) The City, relevant administrative agencies, labor organizations, and employer organizations shall reflect decisions of the Council in policies, etc. and make every endeavor to implement them bona fide.
  • (2) The Chairperson may, if necessary, request the City, relevant administrative agencies, labor organizations and employer organizations to give an explanation or to submit materials, or urge them to implement decisions of the Council.
  • (3) In order that the City, relevant administrative agencies, labor organizations and employer organizations may, bona fide, implement decisions of the Council, the Chairperson may inspect whether or not to do so and publish the results of such inspection.
  • Article 8 (Hearing of Opinions, etc.) (1) The Chairperson may, if necessary for the operation of the Council, have the representatives of labor concerned, the representatives of employers concerned, relevant public officials and relevant persons or experts present themselves before the Council in order to hear their opinions, or request them to render any necessary assistance such as the submission of materials, etc.
  • (2) The Chairperson may, if necessary for the performance of his/her duties, hold a public hearing or seminar or commission relevant institutions, organizations or experts to investigate and research on labor relations.
  • Article 9 (Secretary and Clerk) (1) The Council shall have one secretary and one clerk to deal with its general affairs.
  • (2) The secretary shall be the head of a division of the City taking charge of labor-management affairs, and the clerk shall be the Grade public official Ⅴ of the City taking charge of those affairs.
  • (3) The secretary shall deal with general affairs of the Council by order of the Chairperson, and the clerk shall assist the secretary in doing so. Article 10 (Special Committee) (1) The Council may, if necessary, have special committees to deal with specific matters in various fields. (2) The chairperson and members of each special committee shall be appointed by the Chairperson of the Council. (3) The chairperson of each special committee shall report the results of meetings thereof to the Council.
  • (4) In order to settle labor disputes peacefully, the chairperson of each special committee may have the representatives of employees and those of employers of a place of business and other relevant persons participate in the said special committee.
  • (5) Necessary matters concerning the composition and operation of each special committee shall be determined by the chairperson thereof. Article 11 (Payment of Actual Expenses) If any member attends a meeting of the Council or makes such trips as are connected with affairs of the Council, allowances, travel expenses and other necessary expenses may be paid to him/her, to such an extent as the relevant budget permits.
  • Article 12 (Detailed Rules for Operation)
  • Except as provided in this Ordinance, necessary matters concerning the operation of the Council shall be determined by the Chairperson, subject to the resolution of the Council.
  • ADDENDUM
  • This Ordinance shall enter into force on the date of its promulgation.
  • ADDENDUM (Ordinance No. 3942, Jul. 8, 2004)
  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM (Ordinance No. 3984, Feb. 16, 2005)
  • This Ordinance shall enter into force on the date of its promulgation.
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