Article Content

Title:
Labor Union Act ( 2022.11.30 Modified )Ch

  Chapter Ⅸ Dissolution and Change of Organization

Article 37
A labor union may by itself declare dissolution by a resolution adopted at a general meeting of members or member representatives for any of the following reasons:
1. Bankruptcy,
2. Inadequacy in number of members,
3. Merging or spitting, and
4. Other reasons as deemed necessary by the general meeting of members or member representatives.
In case that a labor union cannot declare dissolution by itself in accordance with Sub-paragraphs 1 to 3 of the preceding paragraph or cannot operate in accordance with the union charter, the court may dissolve the labor union upon the request of the competent authority, public prosecutor or interested third party.
Article 38
In case that a labor union has made a resolution for merging or spitting, it shall complete the merging and spitting within one year from the date when the resolution is made.
When a corporate union is merging as a result of the amalgamation of plant cites or business units, the merging shall be completed within one year after the amalgamation standard date is set. In case that the merging has not completed upon the expiration of the said period, the competent authority may order it to merge within a given period, and if the merging cannot be achieved, the labor union shall be ordered to restructure.
When a labor union has merged or spitted in accordance with the preceding two paragraphs, it shall within thirty days after the completion of merging and spitting report the processes, union charter, name lists of directors or supervisors to the competent authority for review and record.
In case that an administrative district has changed, a labor union may maintain its original name after the resolution of a general meeting of members or member representatives. However, when the name of a labor union has changed, it shall submit the minute of the meeting to the competent authority for review and record within ninety days after the change of the administrative district. When the labor union has changed its name, which cannot be identical with that already registered by other labor union.
In case that a labor union has resolved in accordance with the preceding paragraph, the counting of its sequence shall be resolved by its general meeting of members or member representatives.
Article 39
The surviving or newly established labor union after the merging shall generally assume the rights and obligations of the labor union which is ceased to exist after the merging.
For the labor union which is established after the splitting, the portion of rights and obligations the labor union succeeds shall be concurrently decided by the time when the general meeting of members or member representatives of the original labor union has resolved to spit.
Article 40
In case that a labor union by itself declares to dissolve, it shall submit the reason and time of dissolution to the competent authority for review and record within fifteen days of the dissolution.
Article 41
Unless the dissolution of a labor union is due to bankruptcy, merging or change of organization, otherwise its property shall be liquidated.
Article 42
Upon the dissolution of a labor union, its residual property shall, except for paying debts, be processed in accordance with union charter or the resolution adopted by the general meeting of members or member representatives. However, the residual property shall not be transferred to individuals or for-profit organizations.
In case that a labor union cannot process its residual property in accordance with the preceding paragraph, the property shall be transferred to the local autonomous organization where the labor union is located.