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Legislative Strategy Center 2022-11-23
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Weekly Legislative Report (For the week of November 14, 2022 – November 18, 2022)

Weekly Legislative Report for the week of November 14, 2022 – November 18, 2022

As the first-ever Korean law firm to issue specialized legislative journals, DR & AJU LLC has been publishing the monthly Policy & Business (P&B) Report since August 2019. The P&B Report provides analyses of plenary sessions of the National Assembly, as well as standing committee and subcommittee meetings. In addition, the firm has been co-hosting the Future Leaders Forum with the Herald Business, inviting chairpersons of standing committees to discuss relevant legislative issues and tasks.

As an extension of this service, DR & AJU has also been issuing the Weekly Legislative Report, which covers various legal issues at the center of public debate along with editorials and columns on the Serious Accidents Punishment Act (“SAPA”) from major daily news outlets. The report will be released with an update on newly proposed or pending bills. Enclosed is this week’s legislative report, and please refer to the P&B Report for further details.

If you wish to subscribe to the P&B Report or have any other queries, please contact us at pr@draju.com.


1. Proposed Bill(s)

① Partial Amendment to the Trade Union and Labor Relations Adjustment Act

This Amendment expands the definition of “worker” to include subcontract workers, non-regular workers, and platform workers, and the definition of “employer” to include “any person who performs or possesses de facto influence or control over the activities of trade unions.” It also broadens the scope of justifiable industrial actions so that prime contractors cannot claim damages caused by strikes against indirectly employed workers.

② Partial Amendment to the Fair Transactions in Subcontracting Act

This Amendment allows adjustment of delivery charges of outsourcing contracts reflecting the fluctuation in the price of raw materials that accounts for more than 10% of delivery charges and requires the standard contracts prearranged by outsourcing companies to specify the conditions and method of unit price escalation of entrusted products.


2. Pending Bill(s)

③ Fairness in Online Platform Intermediary Transaction Act

This Bill stipulates the obligation to deliver online platform intermediary contracts, standards of unfair trade practices by online platform intermediaries, dispute resolution systems between business operators, the Korea Fair Trade Commission’s investigation and processing of violations, and online platform intermediaries’ liability for damages incurred by the violations.


3. Promulgated Bill(s)Promulgated Bill(s)

④ Enforcement Decree of the Chemical Substances Control Act

This Enforcement Decree unifies procedures to exempt the importers of a chemical substance that falls under both restricted substances and hazardous chemical substances at the same time, the declaration for the importation of hazardous chemical substances if they obtained permission for the importation of restricted substances.


4. Bill(s) Undergoing Pre-Announcement of Legislation/Administration

⑤ Partial Amendment to the Enforcement Decree of the Radio Waves Act

This Amendment simplifies the inspection method for equipment in semiconductor manufacturing facilities that use radio waves from a device-by-device basis to a building-by-building basis.
 
5. Serious Accidents Punishment Act ("SAPA") Related Editorials and Columns from Major Dailies


[Herald Business] “250 Daily Industrial Casualties … We Need Rational Safety Standards Tailored to Work Sites”
[The Kyunghyang Shinmun] A Courier Collapsed and Died at Dawn … Can “Death by Overwork” Be a Clause of the SAPA?
[The Financial News] “Self-Regulation by Business Owners’ Is the Key to Preventing Serious Accidents”
[The Hankyoreh] Preventing the Second Bonghwa Mining Accident… Urgent Safety Inspection Conducted on 35 Mines Where Serious Accidents Occurred


*For more details, please download the PDF file attached.