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Union Cases: Unfair Labor Practice Remedies and Collective Bargaining

Unfair labor practice remedy applications, refusal to bargain, and the Trade Union Act amendment (Yellow Envelope Act) in force from March 2026

Dismissal or disadvantage because of union activity, refusal to bargain without a justifiable reason, and interference in union operations are unfair labor practices. An application for a remedy to the Labor Relations Commission (노동위원회) must be filed within 3 months from the date of the act. From March 10, 2026, the amended Trade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법) newly applies to bargaining with the principal contractor and to limits on damages claims for industrial action.

Five Types of Unfair Labor Practice

Article 81(1) of the Trade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법) lists five acts that an employer must not commit. An employer who violates it may be punished by imprisonment for up to 2 years or a fine of up to 20 million won (Article 90).

TypeExamples
Disadvantageous treatment (Item 1)Dismissal, disciplinary action, transfer, or being passed over for promotion because of joining or organizing a union or engaging in legitimate union activity
Anti-union contract (Item 2)Making it a condition of employment not to join a union or to leave one
Refusal or neglect of collective bargaining (Item 3)Refusing to bargain with a union representative without a justifiable reason, or putting it off in a merely formal way
Domination/interference and financial support for union operations (Item 4)Interfering in the establishment or operation of a union, or providing pay or operating funds beyond the working-hour exemption limit
Retaliatory disadvantage (Item 5)Disadvantage because of taking part in legitimate collective action or reporting to, or testifying before, the Labor Relations Commission

Under case law, the worker or union claiming that an unfair labor practice occurred must prove it. Key evidence includes whether the disadvantageous measure came right after joining the union or its activity, whether there was discrimination compared with other employees, and whether any company representative made relevant statements.

Remedy Procedure at the Labor Relations Commission

  1. Application for remedyFile with the Regional Labor Relations Commission (지방노동위원회) within 3 months from the date of the unfair labor practice (for a continuing act, from the date it ended) (Article 82(2))
  2. Investigation and hearingBoth sides exchange written statements and evidence, and give statements before the public interest members at the hearing
  3. DecisionIf the unfair labor practice is recognized, a remedial order such as restoration to the original status is issued; if not, the application is dismissed
  4. ReviewApply to the National Labor Relations Commission (중앙노동위원회) within 10 days from receiving the written order or decision (Article 85(1))
  5. Administrative lawsuitFile with the court within 15 days from receiving the written review decision (Article 85(2))

A remedial order of the Labor Relations Commission is not suspended even if a request for review or an administrative lawsuit is filed (Article 86). If the dismissal was an unfair labor practice, it is often disputed together with an unfair dismissal remedy application under the Labor Standards Act (근로기준법).

Refusal to Bargain and the Single Bargaining Channel

A union and an employer must bargain in good faith and sincerely, and must not refuse or delay bargaining or the conclusion of a collective agreement without a justifiable reason (Article 30). If the employer does not respond to a request to bargain, we consider filing a labor dispute mediation application together with an unfair labor practice remedy application.

If there are two or more unions at one workplace, as a rule a representative bargaining union (교섭대표노동조합) must be determined before bargaining is requested (Article 29-2). If there is a dispute over the bargaining request or the number of union members, an application for an objection decision can be made to the Labor Relations Commission (노동위원회), so the official bargaining request letter and the union member list must be prepared accurately.

Amended Trade Union Act in Force from March 2026 (Yellow Envelope Act)

The amended Trade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법), promulgated on September 9, 2025, has been in force since March 10, 2026. The rules on subcontracted workers bargaining with the principal contractor, on the subjects of industrial action, and on liability for damages have changed significantly.

What changedArticleMeaning
Scope of employerArticle 2, Item 2A person who is not a party to the employment contract but is in a position to substantially and specifically control and decide working conditions is treated as an employer to that extent
Subjects of labor disputesArticle 2, Item 5Includes business management decisions that affect working conditions, and disputes arising from an employer's clear violation of a collective agreement
Limits on damages claimsArticle 3(1) and (2)Damages caused by collective bargaining, industrial action, etc. under this Act cannot be claimed, and there is no liability for unavoidable defensive acts against an employer's unlawful acts
Individualized liability and reductionArticle 3(3) and (4)When a court recognizes a worker's liability, it sets the liability ratio based on position, degree of participation, wage level, etc., and the person liable for damages may request a reduction
Personal guarantor exemption and purpose restrictionArticle 3(5) and (6)A personal guarantor (신원보증인) has no liability for damages, and damages claims made for the purpose of obstructing union operations are prohibited

The rules limiting damages claims (Article 3) apply to damages arising on or after the effective date (Addenda, Article 2). Article 3-2, which allows an employer to exempt liability, also applies to damages arising before the effective date.

Related Provisions

SubjectBasisSummary
Prohibition of unfair labor practicesTrade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법) Article 81(1)Prohibits disadvantageous treatment, anti-union contracts, refusal to bargain, domination/interference, and retaliatory disadvantage
Deadline for remedy applicationTrade Union and Labor Relations Adjustment Act Article 82(2)3 months from the date of the unfair labor practice (for a continuing act, from the end date)
Review and administrative lawsuitTrade Union and Labor Relations Adjustment Act Article 85Review within 10 days; administrative lawsuit within 15 days
PenaltiesTrade Union and Labor Relations Adjustment Act Article 90Imprisonment for up to 2 years or a fine of up to 20 million won
Duty to bargain in good faithTrade Union and Labor Relations Adjustment Act Article 30Prohibits refusing or delaying bargaining or the conclusion of an agreement without a justifiable reason

What to Do Right Away If You Suffered a Disadvantage or Bargaining Is Blocked

  • Confirm the date of the disadvantageous measure and write down the date on which the 3 months end.
  • Set out side by side the timing of joining, establishing, or acting in the union and the timing of the measure.
  • Keep recordings, messages, and meeting minutes containing statements by company representatives.
  • Collect materials showing differences in treatment compared with non-union employees of the same rank.
  • Organize the official bargaining request letter, the company's reply, and the bargaining log in date order.

Trade unions & unfair labor practices: frequently asked questions

I was treated disadvantageously in personnel matters because I joined a union.
Disadvantage because of joining a union or engaging in legitimate union activity is an unfair labor practice. You can apply to the Labor Relations Commission (노동위원회) for a remedy within 3 months from the date of the measure, and if it was a dismissal, we also consider an unfair dismissal remedy application together.
The company does not respond to our request to bargain.
Refusing or neglecting to bargain without a justifiable reason is an unfair labor practice. However, if there are several unions at the workplace, the single bargaining channel procedure must often be completed first, so we begin by checking whether the procedure was followed properly.
Can a subcontractor's union also bargain with the principal contractor?
From March 10, 2026, a person who is in a position to substantially and specifically control and decide working conditions is treated as an employer to that extent. The scope of the duty to bargain depends on which working conditions the principal contractor actually decides, so it must be examined case by case.
The company claimed damages after a strike.
The amended Trade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법) bars damages claims for industrial action and similar acts under the Act, and even where liability is recognized, it requires the liability ratio to be set for each worker and allows a request for reduction. These rules apply to damages arising on or after March 10, 2026, so we begin by checking when the industrial action took place and whether it was lawful.

Applicable law: Trade Union and Labor Relations Adjustment Act (노동조합 및 노동관계조정법). Written based on the laws in force on 2026-09-18. This page provides general legal information and is not legal advice on a specific case. Labor laws and court decisions change often, so decide how to respond after consulting a lawyer who has reviewed your documents, such as your contract and any notices you received.

This page is an English translation of the Korean original. If the two differ, the Korean version prevails. Korean page ›

If you suffered a disadvantage or bargaining was refused, check the 3-month deadline first

Check the date on the documents you received, such as a dismissal notice, pay slip or industrial accident decision, and contact us. We will first explain which procedures are still open to you within the remaining time.

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