Article 3 (Restriction on Claim for Damages)
When an employer has suffered damages due to collective bargaining or industrial action under this Act, he shall not claim damages against a trade union or workers.
Article 5 (Establishment and Admission of Trade Union)
Workers shall be free to establish a trade union or to join it: Provided, That matters with respect to public officials or school teachers shall be prescribed by other Acts.
Article 82 (Application for Remedy)(1) A worker or trade union may make an application for remedy to the Labor Relations Commission concerned on the ground that his rights has been infringed by an unfair labor practices on the part of the employer.
(2) Application for remedy as referred to in paragraph (1) shall be made within three months from the date of occurrence of the unfair labor practice concerned (where any such practice is in progress, from the date of its termination).
Article 83 (Investigation, etc.)(1) Upon receiving the application for remedy as referred to in Article 82, the Labor Relations Commission concerned shall conduct a necessary investigation and inquiry of the persons involved without delay.
(2) When conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission may, at the request of any one of the parties concerned or ex officio, have a relevant witness appear before the Labor Relations Commission and ask questions on the pertinent matters.
(3) In conducting the inquiry as referred to in paragraph (1), the Labor Relations Commission shall give the parties concerned adequate opportunities to present evidence and to cross-examine a witness.
(4) Procedures pertaining to the investigation and inquiry by the Labor Relations Commission as referred to in paragraph (1) shall be followed as separately stipulated by the National Labor Relations Commission.
Article 84 (Order of Remedy)(1) In cased of judging that the employer has committed any unfair labor practice after completing the inquiry as referred to in Article 83, the Labor Relations Commission shall issue an order of remedy to the employer, otherwise it shall make a decision to dismiss the application for remedy.
(2) Judgments, orders, or decisions as referred to in paragraph (1) shall be made in writing, and shall be delivered to the pertinent employer and the applicant, respectively.
(3) When the order as referred to in paragraph (1) is issued, the parties concerned shall comply with it.
Article 81 (Unfair Labor Practices)Employers shall not conduct any act falling under any of the following subparagraphs (hereinafter referred to as an "unfair labor practice"): <Amended by Act No. 8158, Dec. 30, 2006; Act No. 9930, Jan. 1, 2010>
1. Dismissal or unfavorable treatment of a worker on grounds that he has joined or intends to join a trade union, or have attempted to organize a trade union, or have performed any other lawful act for the operation of a trade union;
2. Employment of a worker on condition that he/she should not join or should withdraw from, a trade union, or on condition that he/she should join a particular trade union: Provided, That where a trade union represents two-thirds or more of the workers working in the workplace concerned, a conclusion of a collective agreement under which a person is employed on condition that he/she should join the trade union shall be allowed as an exceptional case, and, in such cases, an employer may not do any act disadvantageous to the status of a worker on the grounds that the worker is expelled from the trade union or that the worker organizes a new trade union or joins another trade union after withdrawing from the trade union;
3. Refusal or delay of the execution of a collective agreement or other collective bargaining with the representative of a trade union or with a person authorized by the trade union, without any justifiable reason;
4. Domination of or interference in the organization or operation of a trade union by workers, and payment of wages to the full-time officer of a trade union or financial support for the operation of a trade union: Provided, That it may be justified that the employer allows workers to conduct activities pursuant to Article 24 (4) during working hours, and it shall be allowed as an exception that the employer contributes funds for the welfare of workers, or for prevention and relief of economic misfortunes or other disasters, or that the employer provide a trade union office of a minimum size;
5. Dismissal of workers or acts against their interests on the ground that they have participated in justifiable collective activities, or that they reported to or testified before the Labor Relations Commission the fact that the employer has violated the provisions of this Article, or that they have presented other evidences to the relevant administrative agencies.