Webinar on “Analysis and Outlook on the Amended Trade Union Act’s Enforcement Decree and Official Interpretation Guidelines”

On January 7, Lee & Ko hosted a client-facing webinar titled “Analysis and Outlook on the Amended Trade Union Act’s Enforcement Decree and Official Interpretation Guidelines”. The webinar opened with welcoming remarks by Kyung Duk An (Senior Advisor at Lee & Ko), followed by three (3) in-depth sessions and a live Q&A.

In the first session, Young Jin Kim (Senior Partner at Lee & Ko) presented an analysis on the “employer status” issue under the interpretation guidelines. This presentation addressed one of the most closely monitored aspects of the amended Trade Union Act—namely, the expanded scope of “employer” – with particular focus on the criteria for determining whether an entity may be deemed a “non-contractual employer”, offering both forecast and insight into how these standards will be applied in practice.

The second session, led by Chang Soo Jin (Head of Employment & Labor Practice Group at Lee & Ko), focused on the scope of “labor disputes” and the concept of “consolidated bargaining channel” under the Interpretation Guidelines. Through case studies and practical examples, this session covered the expanded scope of labor disputes under the amended Trade Union Act as well as the procedural framework for consolidation of bargaining channel, providing practical insights into how the Ministry’s guidance and the amended enforcement decree may operate in real-world scenarios.

In the third session, Min Seok Si (Co-Head of Lee & Ko’s ESG Center) delivered a presentation on “Outlook of the Enforcement Decree and Interpretive Guidelines.” This session explored the current state of preparedness and overall climate amongst various stakeholders – for instance, the Ministry of Employment and Labor, employers, and labor unions – while offering insight into potential developments and challenges that may arise as the amended Trade Union Act is implemented.

Following the presentations, the webinar ended with a live Q&A session to address questions submitted during the session. All presenters together with William Kim (Senior Foreign Counsel at Lee & Ko) responded to a wide range of highly fact-specific inquiries, offering practical guidance and perspectives on the interpretation of the law that could readily apply in day-to-day operations.