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Trade Union and Labor Relations Adjustment Act — Article 43 (Restriction on hiring by employer)

노동조합 및 노동관계조정법 제43조

(1) An employer shall not hire or substitute any person not related to the relevant business during a period of industrial actions in order to continue works which have been interrupted by the industrial actions.

(2) An employer shall not, during a period of industrial actions, contract or subcontract works which have been interrupted by the industrial actions.

(3) Paragraphs (1) and (2) shall not apply to cases where the employer of the essential public-service business hires or replaces any person who has nothing to do with the relevant business or contracts or subcontracts his essential public-service business. <Added on Dec. 30, 2006>

(4) In cases of paragraph (3), the employer may hire or replace workers within the scope of not exceeding 50/100 of the workers of his business or his place of business, who participate in strike, or contract or subcontract his essential public-service business. In such cases, ways, etc. to calculate the number of workers participating in the strike shall be prescribed by Presidential Decree. <Added on Dec. 30, 2006>

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