(1) The employers shall not conduct any of the following acts (hereinafter referred to as "unfair labor practice"): <Amended on Dec. 30, 2006; Jan. 1, 2010; Jun. 9, 2020; Jan. 5, 2021>
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 or she should not join or should withdraw from, a trade union, or on condition that he or she should join a particular trade union; provided, where a trade union represents 2/3 or more of the workers working in the place of business concerned, a conclusion of a collective agreement under which a person is employed on condition that he or 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. Dominating or intervening in organizing or operating a trade union by workers, and providing wages in excess of the time-off limit, or subsidizing trade union's operating expenses; provided, the employers are free to allow workers to engage in the activities specified in Article 24(2) during working hours; and they are also free to contribute funds for the welfare benefits of workers, or for the prevention of economic misfortune and other disasters and remedy for workers, provide a minimum-scale trade union office, and subsidize operating expenses of a trade union to the extent of not undermining an independent operation or activities of the trade union;
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.
(2) When determining the "risk of impairing the autonomous operation or activities of a trade union" in the proviso to paragraph (1)4, the union shall take the following matters into consideration: <Added on Jun. 9, 2020>
1. Objectives and details of providing assistance in operating expenses;
2. Number of times and period of the originally financed operation expenses;
3. Amount of the assistance operating expenses and method of assistance;
4. Ratio of the operating expenses subsidized to the total income of a trade union;
5. A method of managing subsidies for operating expenses and places to use such subsidies.[This Article is amended by Act No. 17432 (Jun. 9, 2020) following the decision of nonconformity to the Constitution by the Constitutional Court on May, 31, 2018]