緊急調整權 · 1963–present

Emergency Adjustment Power

긴급조정권

An administrative power under South Korean labor law that allows the Minister of Employment and Labor to forcibly suspend a strike for 30 days and refer the dispute to the National Labor Relations Commission for mediation and arbitration, when the strike is deemed to endanger the national economy or public welfare. Introduced in 1963 through the labor law revision by the May 16 military regime, it was modeled on the national emergency provisions of the U.S. Taft–Hartley Act of 1947. Since an arbitration award by the National Labor Relations Commission carries the same binding force as a collective agreement, invoking the emergency adjustment power has almost always resulted in the permanent termination of the strike.

Sources

  1. Wikipedia (KO) definition, legal basis under Trade Union and Labor Relations Adjustment Act Articles 76–80, historical cases (1969 Korea Shipbuilding, 1993 Hyundai Motor, 2005 Asiana/Korean Air), Taft-Hartley influence
  2. mofe.go.kr MOFE dictionary: mechanism detail (30-day suspension, 15-day mediation, compulsory arbitration), immediate return-to-work obligation, criminal penalties for non-compliance
  3. archives.go.kr National Archives of Korea: constitutional basis (Article 33 labor rights vs. Article 37 limitation clause), introduction year (1963), procedural detail, commissioned by Prof. Yoo Seong-jae (Chung-Ang Univ. Law)
  4. nodong.org Korean Confederation of Trade Unions (KCTU) legal analysis: origin in May 16 coup regime's 1963 labor law revision alongside anti-union measures, critique that emergency adjustment effectively annihilates the constitutional right to collective action, Constitutional Court 5:4 ruling (2003) upholding the provision
  5. Wikipedia (EN) U.S. Taft-Hartley Act national emergency provisions (Section 206, 29 U.S.C. § 176): 80-day cooling-off injunction model that Korea's system was based on, invoked 37 times by U.S. presidents
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