home Home > Regulations Search > Integrated Search
  • 본문저장
  • 인쇄하기
  • 신구대조
  • 돌아가기
SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PROTECTION AND FURTHERANCE OF WORKERS' RIGHTS

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to ensure that all citizens realize their dignity and value as human beings and enjoy the right to have a happy life by promoting the protection and furtherance of rights of workers in the Seoul Metropolitan City pursuant to the Labor Standards Act, the Framework Act on Labor Welfare, the Occupational Safety and Health Act, and other relevant statutes and regulations. <Amended by Ordinance No. 6851, Mar. 22, 2018; Ordinance No. 7044, Mar. 28, 2019>

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 7044, Mar. 28, 2019>
1. The term "worker" means an employee defined by Article 2 of the Labor Standards Act;
2. The term "employer" means an employer defined by Article 2 of the Labor Standards Act.

Article 3 (Scope of Application) This Ordinance shall apply to the workers who provide labor in a business establishment that has its domicile in Seoul Metropolitan City and the employers of such workers. <Amended by Ordinance No. 7044, Mar. 28, 2019>

Article 4 (Responsibilities of Mayor) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to protect and further workers' rights. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) The Mayor shall endeavor to ensure that each worker receives wages appropriate and necessary for enjoying a healthy, cultural life and maintaining dignity and value as a human being. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(3) The Mayor shall endeavor to ensure that each worker can work in an environment comfortable and safe enough to keep his or her life and health as well as dignity and value as a human being. <Amended by Ordinance No. 7044, Mar. 28, 2019>

Article 5 (Relationships to Other Ordinances of Seoul Metropolitan Government) (1) Other Ordinances of Seoul Metropolitan Government enacted or amended to protect workers' rights shall conform to the provisions of this Ordinance. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) Except as otherwise provided in any other Ordinance of Seoul Metropolitan Government, the provisions of this Ordinance shall apply to the protection and furtherance of workers' rights. <Amended by Ordinance No. 7044, Mar. 28, 2019>

CHAPTER II FORMULATION AND IMPLEMENTATION OF POLICIES ON LABOR Article 6 (Master Plan for Labor Policies) (1) The Mayor shall formulate and implement a master plan on labor policies (hereinafter referred to as "master plan") for the protection and furtherance of ordinary workers, including non-regular workers, low-wage workers, and disadvantaged workers, for every five-years. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) The master plan shall include the following matters: <Amended by Ordinance No. 7044, Mar. 28, 2019>
1. The basic direction of labor policies;
2. Goals for carrying out main tasks under the policies for each field and an implementation plan therefor;
3. Procurement of financial resources for implementing the master plan;
4. Execution of projects for survey, research, and education on labor;
5. Other essential matters for protecting and furthering workers' rights.
(3) When the Mayor intends to formulate a master plan, he or she may collect citizens' opinions thereon through public hearings, forums, etc.
(4) The Mayor may conduct surveys on actual working conditions so as to reflect the results thereof in the formulation of a master plan. <Amended by Ordinance No. 7044, Mar. 28, 2019>

Article 7 (Annual Implementation Plans) The Mayor shall formulate and implement an annual implementation plan for each year based on the master plan.

Article 8 (Inspection and Evaluation) The Mayor shall periodically inspect and evaluate the progress of implementation of the master plan and the annual implementation plan and shall reflect the results thereof in the plans for the following year.

Article 9 (Development and Operation of System for Protecting Rights and Interests) The Mayor shall endeavor to develop and operate a system for protecting workers' rights and interests, including the procedure for remedial measures against violations of workers' rights and guidance for information about labor-related statutes. <Amended by Ordinance No. 7044, Mar. 28, 2019>

Article 10 (Education for Protection and Furtherance of Workers' Rights) (1) The Mayor shall endeavor to establish a system for the education of labor law in various educational institutions and facilities so that citizens and workers can receive education on the protection and furtherance of workers' rights. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) The Mayor shall endeavor to ensure that public officials and employees under his or her direction receive education on the protection and furtherance of workers' rights so as to create a labor-sensitive culture of public administration. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(3) The head of each institution contributed or funded by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") shall endeavor to ensure that employees under his or her direction receive education on the protection and furtherance of workers' rights so as to create a labor-sensitive culture of public administration. <Amended by Ordinance No. 6851, Mar. 22, 2018; Ordinance No. 7044, Mar. 28, 2019>

Article 11 (Assistance in Activities for Protecting and Furthering Employees' Rights) (1) The Mayor may establish and operate welfare and support facilities for workers. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) Pursuant to Articles 3 and 4 of the Framework Act on Labor Welfare and other relevant statutes and regulations, the Mayor may provide financial assistance to the institutions or organizations that implement a program for protecting and furthering workers' rights, within budgetary limits. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(3) The Seoul Metropolitan Government Ordinance on the Management of Local Subsidies shall apply to specific matters concerning the financial assistance under paragraphs (1) and (2). <Amended by Ordinance No. 5930, May 14, 2015>
[Previous Article 12 moved to Article 13 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 12 (Respect for Workers’ Rights and International Cooperation for Establishment of City Labor Model) (1) The Mayor shall endeavor to promote international cooperation in respecting and enhancing workers’ rights.
(2) The Mayor may conduct the following affairs to promote international cooperation with regard to respecting and enhancing workers’ rights and may assist with related business expenses:
1. Establishing a Decent Work City Network (hereinafter referred to as the "Network") in which city governments from around the world participate to pursue and make leading labor policy;
2. Developing and disseminating a city labor model based on the decent work standards of the International Labor Organization (ILO) (hereinafter referred to as "Decent Work City Labor Model");
3. Promoting joint research and projects to establish a Decent Work City Labor Model;
4. Developing programs to improve capabilities of city governments in the field of labor policy, and planning and operating people-to-people exchange programs;
5. Attracting and supporting international organizations engaged in respecting and enhancing workers’ rights (referring to the international organizations under subparagraph 2 of Article 2 of the Seoul Metropolitan Government Ordinance on Promotion of International Exchange and Cooperation);
6. Holding and supporting the International Forum on Transforming Cities for Decent Work and international conferences in the field of labor policy;
7. Other matters deemed necessary by the Mayor with respect to international cooperation in respecting and enhancing workers’ rights.
(3) The Mayor may subsidize the operation of the Network and support human resources for its efficient operation and activities.
[This Article Newly Inserted by Ordinance No. 7219, Jul. 18, 2019]
[Previous Article 12 moved to Article 13 <by Ordinance No. 7219, Jul. 18, 2019>]

CHAPTER III WORKERS' RIGHTS PROTECTION COMMITTEE Article 13 (Establishment and Functions) (1) The Mayor shall establish the Workers' Rights Protection Committee of Seoul Metropolitan Government (hereinafter referred to as the "Committee"), which shall deliberate on major policies on the protection and furtherance of workers' rights and render advice thereon. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) The Committee shall perform the following affairs: <Amended by Ordinance No. 7044, Mar. 28, 2019>
1. Deliberating on the formulation of a master plan and rendering advice thereon;
2. Deliberating on annual implementation plans for the master plan and rendering advice thereon;
3. Rendering advice on laws, regulations, policies that affect workers' rights and interests;
4. Rendering advice on other matters for the development and operation of a system for protecting workers' rights and interests.
[Moved from Article 12; previous Article 13 moved to Article 14 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 14 (Composition) (1) The Committee shall be composed of not more than 15 members, including one chairperson and one vice chairperson, and the chairperson and the vice chairperson shall be elected by and from among committee members.
(2) Committee members shall be commissioned by the Mayor from among the following persons, and the Director-General of the bureau in charge of labor relations in the Seoul Government shall serve as an ex officio member:
1. Members of the Seoul Metropolitan Council;
2. Persons who have expertise or experience in research on labor relations;
3. Persons who have worked for a government organ, a non-governmental organization, a labor organization, or an international organization in the field of labor and have specialized experience and knowledge.
(3) The Committee shall have one executive secretary, and the Director of the division in charge of labor administration and the protection of workers shall serve as executive secretary.
[Moved from Article 13; previous Article 14 moved to Article 15 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 15 (Term of Office) (1) The term of office of each committee member shall be two years but may be renewed consecutively only once.
(2) The term of office of a committee member commissioned to fill a vacancy shall correspond to his or her predecessor's remaining term of office.
[Moved from Article 14; previous Article 15 moved to Article 16 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 16 (Exclusion from, Challenge to, and Refrainment by Committee Members) (1) A committee member who has an interest in a case on the agenda for which advice has been sought shall be deemed disqualified from the deliberation on the relevant case.
(2) If there is a ground to believe that it is impracticable to expect impartial advice and mediation from a committee member on a case on the agenda, the chairperson shall exclude the member from rendering advice and mediation on such case.
(3) When a committee member becomes aware that he or she has an interest in a case on the agenda, he or she shall voluntarily avoid participation on the deliberation on the case.
[Moved from Article 15; previous Article 16 moved to Article 17 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 17 (Grounds for Disqualification) In any of the following cases, the Mayor shall dismiss a committee member from office:
1. If a committee member is unable to perform his or her duties due to a personal accident or any other cause or event;
2. If a committee member divulges confidential information acquired in the scope of his or her duties;
3. If a committee member is frequently absent from committee meetings;
4. If a committee member is found inappropriate for performing his or her duties on the ground of disrespectful behavior or any other ground.
[Moved from Article 16; previous Article 17 moved to Article 18 <by Ordinance No. 7219, Jul. 18, 2019>]
Duties of Chairperson and Others

Article 18 (Meetings) (1) Committee meetings shall be divided into regular meetings and special meetings for the purpose of operation.
(2) Regular meetings shall be held on a semi-annual basis, while a special meeting shall be convened by the chairperson whenever the chairperson deems necessary or upon receipt of a request from at least 1/3 of current members to convene a meeting.
(3) A committee meeting shall be duly formed with the attendance of the majority of current members, and a resolution shall be adopted by affirmative votes of the majority of the members present at the meeting: Provided, That if votes are equally divided, the chairperson shall make a decision.
(4) All committee meetings shall be open to the public, and minutes of each meeting shall be taken and made available for public inspection: Provided, That the Committee may resolve to hold a closed meeting or restrict the inspection of minutes of a meeting, if it concludes that it is not appropriate to make a meeting open to the public in light of the nature of the case at issue.

Article 19 (Meetings) (1) Committee meetings shall be divided into regular meetings and special meetings for the purpose of operation.
(2) Regular meetings shall be held on a semi-annual basis, while a special meeting shall be convened by the chairperson whenever the chairperson deems necessary or upon receipt of a request from at least 1/3 of current members to convene a meeting.
(3) A committee meeting shall be duly formed with the attendance of the majority of current members, and a resolution shall be adopted by affirmative votes of the majority of the members present at the meeting: Provided, That if votes are equally divided, the chairperson shall make a decision.
(4) All committee meetings shall be open to the public, and minutes of each meeting shall be taken and made available for public inspection: Provided, That the Committee may resolve to hold a closed meeting or restrict the inspection of minutes of a meeting, if it concludes that it is not appropriate to make a meeting open to the public in light of the nature of the case at issue.
[Moved from Article 18; previous Article 19 moved to Article 20 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 20 (Subcommittees) (1) The Committee may have subcommittees, where necessary.
(2) Members of a subcommittee shall be commissioned by the chairperson from among committee members after deliberation by the Committee.
[Moved from Article 19; previous Article 20 moved to Article 21 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 21 (Allowances) Committee members who attend a committee meeting may be reimbursed for allowances and travel expenses in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expenses for Committees, within budgetary limits.
[Moved from Article 20; previous Article 21 moved to Article 22 <by Ordinance No. 7219, Jul. 18, 2019>]

Article 22 (Labor Law Compliance Officer) (1) The Mayor may have a labor law compliance officer (hereinafter referred to as "compliance officer") to protect and promote rights and interest of workers. <Amended by Ordinance No. 7044, Mar. 28, 2019>
(2) Not more than five compliance officers shall be employed as public officers in a fixed term position from among any of the following persons:
1. A person who holds a license of attorney or certified public labor attorney and have work experience in the relevant field;
2. A person who has at least five year-experience relating to labor in a corporation or organization including a labor-related international organization, state or local government, public institution, research institute, labor-related department of a private enterprise, or labor union, and who has been recommended by a labor organization.
(3) A compliance officer may inspect violations of labor law committed by any of the following institutions and recommend to make a correction thereto:
1. The Seoul Government and administrative agency under its jurisdiction;
2. An autonomous Gu (limited to affairs delegated by the Seoul Government and matters requested to inspect by the head of an autonomous Gu in the Seoul Metropolitan City on the ground of ordinance of the relevant local government);
3. An institution affiliated with and invested, contributed, or funded by the Seoul Government;
4. An institution performing affairs entrusted by the Seoul Government.
(4) The head of an institution subject to examination shall fully cooperate with the inspection under paragraph (3).
[This Article Newly Inserted by Ordinance No. 6641, Sep. 21, 2017]
[Moved from Article 21 <by Ordinance No. 7219, Jul. 18, 2019>]

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Deleted. <by Ordinance No. 6181, Mar. 24, 2016>
ADDENDA <Ordinance No. 5930, May 14, 2015>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Ordinance No. 6641, Sep. 21, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6851, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7044, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures following Change of Name of Committee)
The Employees’ Rights Protection Committee established under Article 12 of the previous Seoul Metropolitan Government Ordinance on the Protection and Furtherance of Employees’ Rights and the members thereof as at the time this Ordinance enters into force shall be deemed the Workers’ Rights Protection Committee established under the amended provisions of Article 12 of the Seoul Metropolitan Government Ordinance on the Protection and Furtherance of Workers’ Rights and the members thereof, respectively.
Article 3 (Transitional Measures following Change of Name of Employee Director System)
An employee director appointed under Article 5 of the previous Seoul Metropolitan Government Ordinance on the Operation of Employee Director System as at the time this Ordinance enters into force shall be deemed a worker director appointed under the amended provisions of Article 5 of the Seoul Metropolitan Government Ordinance on the Operation of Worker Director System.
Article 4 (Transitional Measures following Change of Name of Employees’ Welfare Facilities)
The employees’ welfare facilities specified in the attached Table that are established and operated under Article 3 of the previous Seoul Metropolitan Government Ordinance on the Establishment and Operation of Employees’ Welfare Facilities as at the time this Ordinance enters into force shall be deemed workers’ welfare facilities established and operated under the amended provisions of the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Workers’ Welfare Facilities.
ADDENDUM
<Ordinance No. 7219, Jul. 18, 2019>

This Ordinance shall enter into force on the date of its promulgation.