国内政策【切换】 国际政策

Korea - Labor Law-FRAMEWORK ACT ON LABOR WELFARE [Enforcement Date 19. Nov, 2014.]（28-34）

SECTION 4 Support for Workers' Welfare Facilities, etc.

Article 28 (Support for Establishment, etc. of Workers' Welfare Facilities) (1) The State and a local government shall endeavor to establish and operate welfare facilities for workers (hereinafter referred to as “workers' welfare facilities”).

(2) The Minister of Employment and Labor may set the standards for establishment of workers' welfare facilities, taking into consideration the type of business, the number of workers in the workplace and other relevant matters, and encourage the relevant employer to establish the facilities .

(3) The State may provide necessary support, when a business owner (including an association of business owners; the same shall apply hereafter in this Article), a labor union (including affiliated offices and branches; the same shall apply hereinafter), the Service, or non-profit corporation establishes and operates workers' welfare facilities.

(4) The State may subsidize part of the expenses, within budgetary limits, to a local government, a business owner, a labor union, the Service, or a non-profit corporation that establishes and operates workers' welfare facilities.

Article 29 (Entrustment of Operation of Workers' Welfare Facilities) (1) If the State or a local government deems it necessary to efficiently operate the workers' welfare facilities established pursuant to Article 28 (1), it may entrust the Service or a non -profit organization with the operation of such facilities.

(2) When the State or a local government entrusts the operation of workers' welfare facilities pursuant to paragraph (1), it may partially subsidize the expenses for the operation within budgetary limits.

Article 30 (Use Fees, etc.)

A person who establishes and operates workers' welfare facilities may place restrictions on the user of workers' welfare facilities or charge use fees on a differential basis in consideration of workers' income level, family relationship, etc.

Article 31 (Subsidization for Costs of Using Private Welfare Facilities) (1) Where the worker prescribed in Article 3 (3) uses privately operated welfare facilities because he/she has difficulties in using the workers' welfare facilities established by the State and a local government as prescribed in Article 28 (1), the State may subsidize part of the cost.

(2) The eligible workers and procedures for the support under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Chapter III WORKERS' WELFARE AT WORKPLACE

SECTION 1 Employee Stock Ownership Program

Article 32 (Purpose of Employee Stock Ownership Program)

The purpose of the employee stock ownership program is to improve workers' economic and social status and promote cooperation between labor and management by encouraging workers to acquire and own shares in a joint stock company in which an employee stock ownership association has been established (hereinafter referred to to as “company implementing the employee stock ownership program”) through the employee stock ownership association.

Article 33 (Establishment of Employee Stock Ownership Association)(1) When workers employed by a joint stock company intend to establish an employee stock ownership association, such workers shall first form an preparatory committee for the establishment of the employee stock ownership association with consent of at least one-fifth of all workers qualified for membership of the employee stock ownership association under Article 34, and establish the employee stock ownership association, as prescribed by Presidential Decree. In such cases, the preparatory committee for the establishment of the employee stock ownership association shall consult in advance with the relevant company on the matters specified by Ordinance of the Ministry of Employment and Labor, including matters regarding the company's support for the establishment of the employee stock ownership association.

(2) Except as otherwise provided for in this Act, provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the establishment and operation of employee stock ownership associations.

Article 34 (Qualification for Membership of Employee Stock Ownership Association, etc.) (1) In order to be qualified for membership of the employee stock ownership association of a company implementing the employee stock ownership program, a worker shall meet either of the following prerequisites :

1. A worker employed by a company implementing the employee stock ownership program;

2. A worker employed by a joint stock company over which a company implementing the employee stock ownership program has control by holding at least 50/100 of the total number of its outstanding shares (hereinafter referred to as “controlled company”) or a worker employed by a joint stock company whose sales revenue from transactions with a company implementing the employee stock ownership program on a contractual basis amounts to at least 50/100 of annual gross sales revenue for the immediately preceding year (hereinafter referred to as “contracted company” ), who shall meet all of the following requirements, as prescribed by Presidential Decree:

(a) If a worker is employed by a controlled or contracted company, he/she shall obtain consent of a majority of all workers employed by the company;

(b) A worker shall obtain consent of the employee stock ownership association of the company implementing the employee stock ownership program;

(c) If the controlled or contracted company has its own employee stock ownership association, the employee stock ownership association shall be dissolved: Provided, That the foregoing shall not apply to cases specified in the proviso to Article 47 (1) 4.

(2) A worker who falls under any of the following circumstances shall not be qualified for a member of the employee stock ownership association of a company implementing the employee stock ownership program, and a member of an employee stock ownership association shall be disqualified for the membership of the employee stock ownership association of the company implementing the employee stock ownership program, when the worker falls under any of the following subparagraphs: Provided, That a worker specified in subparagraph 1 may retain qualification as a member of an employee stock ownership association only with respect to the shares in the company implementing the employee stock ownership program that have been allotted to him/her pursuant to Article 37 and the employee stock options that have been granted to him/her pursuant to Article 39:

1.A person appointed as an executive officer at a general meeting of shareholders of the company implementing the employee stock ownership program or the controlled or contracted company;

2. A shareholder employed as a worker by the company implementing the employee stock ownership program or the controlled or contracted company: Provided, That minority shareholders specified by Presidential Decree shall be excluded herefrom;

3. A worker employed by the controlled or contracted company, where an employee stock ownership association is established in the controlled or contracted company after the worker joined the employee stock ownership association of the company implementing the employee stock ownership program as a member;

4.A worker specified by Presidential Decree as a worker in whose case it is impracticable to qualify him/her for the membership of an employee stock ownership association in light of the term of service, characteristics of the labor relationship involved, etc.

(3) A member of an employee stock ownership association may freely opt out from the employee stock ownership association: Provided, That a member who opts out from an employee stock ownership association may be banned from re-joining the association for a period prescribed by the bylaws established pursuant to Article 35 (2) 1, which shall not exceed two years.

(4) If a change occurs to the qualification of a member of the employee stock ownership association of a company implementing the employee stock ownership program because the company to which the worker belongs falls under either of the following circumstances, the member shall retain qualification as a member of the employee stock ownership association only with respect to the shares in the company implementing the employee stock ownership program, which have been allotted to him/her pursuant to Article 37, and the employee stock options, which have been granted to him/ her pursuant to Article 39:

1.Where the company is included in, or excluded from, controlled companies;

2. Where the company is included in, or excluded from, contracted companies.