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Laws › Trade Union and Labor Relations Adjustment Act › SECTION 2 Establishment of Trade Union

Trade Union and Labor Relations Adjustment Act — Article 12 (Issuance of certificate of report)

노동조합 및 노동관계조정법 제12조

(1) Upon receiving a report on establishment as referred to in Article 10(1), the Minister of Employment and Labor, the Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "administrative agencies") shall issue a certificate of report within three days, except for cases provided for in the former part of paragraph (2) and paragraph (3). <Amended on Feb. 20, 1998; Dec. 30, 2006; Jun. 4, 2010; May 20, 2014>

(2) When the administrative agencies deem it necessary that a report on establishment or bylaws of a trade union needs to be supplemented because of any omission or other reasons, they shall order a supplement thereof within a specified period of up to 20 days, as prescribed by Presidential Decree. In such cases, a certificate of report shall be issued within three days after receiving the supplemented report on establishment or bylaws. <Amended on Feb. 20, 1998>

(3) When a trade union which made a report of establishment falls under any of the following subparagraphs, the administrative agencies shall return the report of establishment they received: <Amended on Feb. 20, 1998>

1. When it falls under any item of subparagraph 4 of Article 2;

2. When it fails to supplement a report or bylaws within the specified period, notwithstanding an order of supplement issued pursuant to paragraph (2).

(4) When a trade union receives the certificate of report, it shall be deemed to have been established at the time the Minister of Employment and Labor received the report of establishment.

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