Labor Relations Commission Act


Published: 2010-06-04

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the stabilization and development of labor relations, by establishing the Labor Relations Commissions which promptly and impartially perform functions of adjudication and mediation with respect to labor relations, and providing for matters on the operation thereof.
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 Article 2 (Classification, Jurisdiction, etc. of Labor Relations Commissions)   print
(1) The Labor Relations Commissions shall be classified into the National Labor Relations Commission, Regional Labor Relations Commissions, and Special Labor Relations Commissions.
(2) The National and Regional Labor Relations Commissions shall be established under the Minister of Employment and Labor, and the names, locations, and jurisdictions of the respective Regional Labor Relations Commissions shall be prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(3) If deemed necessary to deal with specific matters, the Special Labor Relations Commissions shall be established under the head of the central administrative agency which has jurisdiction over the said specific matters.
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 Article 2-2 (Business of Labor Relations Commission)   print
The business of the Labor Relations Commission shall be as follows:
1. Business relevant to adjudication, decision, resolution, approval, recognition or the correction of discrimination, etc. under the Trade Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on the Promotion of Workers' Participation and Cooperation, the Act on the Establishment and Operation of Teachers' Unions, the Act on the Establishment and Operation of Public Officials' Unions, the Act on the Protection, etc. of Fixed-Term and Part-Time Workers, and the Act on the Protection, etc. of Temporary Agency Workers;
2. Business relevant to the mediation and arbitration of labor disputes under the Trade Union and Labor Relations Adjustment Act, the Act on the Establishment and Operation of Teachers' Unions, and the Act on the Establishment and Operation of Public Officials' Unions, or to the support to the autonomous settlement of labor disputes by the parties concerned;
3. Business relevant to survey, research, education or publicity, etc. related to the performance of business referred to in subparagraphs 1 and 2; and
4. Other business prescribed as the business of the Labor Relations Commissions under other Acts.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 3 (Jurisdiction of Labor Relations Commission)   print
(1) The National Labor Relations Commission shall have jurisdiction over the cases falling under the following subparagraphs:
1. Review of measures taken by the Regional Labor Relations Commissions and the Special Labor Relations Commissions;
2. Mediation cases of labor disputes over which not less than two Regional Labor Relations Commissions have concurrent jurisdiction; and
3. Cases which fall under its jurisdiction in accordance with any other Act.
(2) A Regional Labor Relations Commission shall have jurisdiction over cases which occur within its jurisdictional area, but cases which are under concurrent jurisdiction of not less than two Regional Labor Relations Commissions (excluding mediation cases as referred to in paragraph (1) 2 of this Article) shall be dealt with by the Regional Labor Relations Commission which has jurisdiction over the location of the main workplace.
(3) A Special Labor Relations Commission shall have jurisdiction over cases concerning specific matters which are objectives of its establishment under any relevant Act.
(4) Notwithstanding the provisions of paragraph (1) 2 of this Article, the chairperson of the National Labor Relations Commission may, if deemed necessary for the efficient mediation of any industrial dispute, designate a Regional Labor Relations Commission to deal with the said dispute.
(5) When it is difficult to determine the main workplace under paragraph (2) or when a Regional Labor Relations Commission having jurisdiction over the location of the main workplace has difficulties in dealing with the case, the chairperson of the National Labor Relations Commission may, ex officio or upon application submitted by either of the parties or the chairperson of the Regional Labor Relations Commission, designate a Regional Labor Relations Commission to deal with matters.
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 Article 4 (Status of Labor Relations Commission, etc.)   print
(1) A Labor Relations Commission shall independently perform functions and duties which are within its authority control.
(2) The chairperson of the National Labor Relations Commission shall have overall control over budgets, personnel affairs, education and training, and other administrative matters of the National Labor Relations Commission and the Regional Labor Relations Commissions, and shall direct and supervise the public officials falling under his/her jurisdiction.
(3) The chairperson of the National Labor Relations Commission may delegate part of the authorities to direct and supervise the administrative matters to chairpersons of Regional Labor Relations Commissions pursuant to the Presidential Decree.
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 Article 5 (Formation, etc. of Special Labor Relations Commission)   print
(1) The provisions of Articles 6 (3) through (7) and 9 (2) and (4) shall not apply to a Special Labor Relations Commission. <Amended by Act No. 8296, Jan. 26, 2007>
(2) Matters falling under any of the following subparagraphs may be otherwise prescribed by other Act which governs the establishment of the relevant Special Labor Relations Commission in a separate manner:
1. The number of workers' members, employers' members, and public interest members as referred to in Article 6 (2); and
2. Standing members as referred to in Article 11.
(3) In applying Article 15 (3) through (5) to the Special Labor Relations Commissions, the public interest members in charge of adjudication, the public interest members in charge of correction of discrimination and the public interest members in charge of mediation shall be regarded as public interest members. <Amended by Act No. 8075, Dec. 21, 2006>
CHAPTER II ORGANIZATION
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 Article 6 (Composition, etc. of Labor Relations Commissions)   print
(1) A Labor Relations Commission shall be comprised of members representing workers (hereinafter referred to as "workers' members"), members representing employers (hereinafter referred to as "employers' members"), and members representing public interests (hereinafter referred to as "public interest members").
(2) The number of members of each Labor Relations Commission shall be determined by Presidential Decree taking account of the work load of each Labor Relations Commission within the scope of not less than 10 but not more than 50 persons for workers' members and employers' members, respectively, and of not less than 10 but not more than 70 persons for public interest members. In such cases, workers' members and employers' members shall be equal in number. <Amended by Act No. 5962, Apr. 15, 1999; Act No. 8075, Dec. 21, 2006; Act No. 8296, Jan. 26, 2007>
(3) Workers' members shall be appointed from among the persons recommended by the trade union, and employers' members shall be appointed from among the persons recommended by the employers' association, but such members shall be appointed by the President upon the recommendation of the Minister of Employment and Labor in cases of the National Labor Relations Commission, and by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of a Regional Labor Relations Commission in cases of a Regional Labor Relations Commission, respectively. <Amended by Act No. 8296, Jan. 26, 2007, Act No. 10339, Jun. 4, 2010>
(4) Remaining persons after being eliminated in order by the trade union and the employers' association from among those recommended by the chairperson of the relevant Labor Relations Commission, trade union, and employers' association, respectively, shall be the public interest members eligible for appointment, and, from among the public interest members eligible for appointment, the public interest members of the National Labor Relations Commission shall be appointed by the President upon the recommendation of the Minister of Employment and Labor and the public interest members of a Regional Labor Relations Commission shall be appointed by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of a Regional Labor Relations Commission, respectively. <Amended by Act No. 8296, Jan. 26, 2007; Act No. 10339, Jun. 4, 2010>
(5) Notwithstanding paragraph (4), where the trade union or the employers' association refuses to recommend public interest members or the procedures to eliminate the recommended public interest members in order, the chairperson of the relevant Labor Relations Commission may select public interest members eligible for appointment. <Newly Inserted by Act No. 8296, Jan. 26, 2007>
(6) Public interest members shall be commissioned as classified below: <Amended by Act No. 8075, Dec. 21, 2006; Act No. 8296, Jan. 26, 2007>
1. Public interest members in charge of adjudication;
2. Public interest members in charge of correction of discrimination;
3. Public interest members in charge of mediation.
(7) Procedures for recommending members of a Labor Relations Commission, ways to eliminate in order public interest members, and other matters necessary for the appointment of members shall be prescribed by Presidential Decree. <Amended by Act No. 8296, Jan. 26, 2007>
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 Article 6-2 (Relief of Rights by Certified Public Labor Attorneys by Proxy)   print
(1) In cases concerning the adjudication, decision, approval, recognition or correction of discrimination, etc. as referred to in subparagraph 1 of Article 2-2, the Labor Relations Commissions may have a certified public labor attorney conduct business for the relief of rights by proxy for the socially vulnerable group pursuant to Article 26-2 (1) of the Certified Public Labor Attorney Act.
(2) Where a certified public labor attorney conducts business for the relief of rights by proxy for the socially vulnerable group pursuant to paragraph (1), necessary matters, such as matters concerning the requirements, objects, remuneration of the certified public labor attorney or such, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4. 2010>
[This Article Newly Inserted by Act No. 8474, May 17, 2007]
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 Article 7 (Term of Office for Members, etc.)   print
(1) The term of office for the members of the Labor Relations Commissions shall be three years, but renewable.
(2) In cases of the vacancy of a member, the term of office for a member elected to fill the vacancy shall be the remainder of the term of the predecessor: Provided, That where a successor has been appointed due to the vacancy of the chairperson or a standing member, the term of office of the successor shall start anew. <Amended by Act No. 8296, Jan. 26, 2007>
(3) A member shall continue to perform his/her duties until the successor is designated, even though his/her term of office expires.
(4) Matters concerning the treatment of members shall be prescribed by the Presidential Decree.
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 Article 8 (Qualification Standards, etc. for Public Interest Members)   print
(1) The public interest members of the National Labor Relations Commission shall be appointed from among the persons who fall under any one of the following items having knowledge and experience in labor issues in accordance with the following classifications: <Amended by Act No. 7796, Dec. 29, 2005; Act No. 8075, Dec. 21, 2006; Act No. 8296, Jan. 26, 2007>
1. For public interest members in charge of adjudication and public interest members in charge of correction of discrimination:
(a) A person who majored in labor-related studies and has been in office as an associate professor or higher at an authorized college or university;
(b) A person who has seven or more years of work experience as a judge, public prosecutor, military judicial officer, attorney-atlaw or certified labor affairs consultant;
(c) A person who has seven or more years of work experience in labor relations affairs and has been in office as a public official of Grade II or of a grade equivalent thereto or higher, or a public official belonging to the Senior Civil Service; and
(d) Any other person with knowledge and experience by having been engaged in labor relations affairs for not less than fifteen years and is recognized to be suitable for a public interest member in charge of adjudication or a public interest member in charge of correction of discrimination;
1-2. Deleted; and <by Act No. 8296, Jan. 26, 2007>
2. For public interest members in charge of mediation:
(a) A person who has been in office as an associate professor or higher at an authorized college or university;
(b) A person who has seven or more years of work experience as a judge, public prosecutor, military judicial officer, attorney-atlaw or certified labor affairs consultant;
(c) A person who has seven or more years of work experience in labor relations affairs and has been in office as a public official of Grade II or of a grade equivalent thereto or higher, or a public official belonging to the Senior Civil Service; and
(d) Any other person who is recognized to be suitable for a public interest member in charge of mediation from among those who have fifteen or more years of work experience in labor relations affairs or those who have good virtues.
(2) The public interest members of a Regional Labor Relations Commission shall be appointed from among the persons who fall under any one of the following items having knowledge and experience in labor issues in accordance with the following classifications: <Amended by Act No. 7796, Dec. 29, 2005; Act No. 8075, Dec. 21, 2006; Act No. 8296, Jan. 26, 2007>
1. For public interest members in charge of adjudication and public interest members in charge of correction of discrimination:
(a) A person who majored in labor-related studies and has been in office as an assistant professor or higher at an authorized college or university;
(b) A person who has three or more years of work experience as a judge, public prosecutor, military judicial officer, attorney-atlaw or certified labor affairs consultant;
(c) A person who has three or more years of work experience in labor relations affairs and has been in office as a public official of Grade III or of a grade equivalent thereto or higher, or a public official belonging to the Senior Civil Service;
(d) A person who has ten or more years of work experience in labor relations affairs and has been in office as a public official of Grade IV or of a grade equivalent thereto or higher; and
(e) Any other person with knowledge and experience by having been engaged in labor relations affairs for not less than ten years and is recognized to be suitable for a public interest member in charge of adjudication or a public interest member in charge of correction of discrimination;
1-2. Deleted; and <by Act No. 8296, Jan. 26, 2007>
2. For public interest members in charge of mediation:
(a) A person who has been in office as an assistant professor or higher at an authorized college or university;
(b) A person who has three or more years of work experience as a judge, public prosecutor, military judicial officer, attorney-atlaw or certified labor affairs consultant;
(c) A person who has three or more years of work experience in labor relations affairs and has been in office as a public official of Grade III or of a grade equivalent thereto or higher, or a public official belonging to the Senior Civil Service;
(d) A person who has ten or more years of work experience in labor relations affairs and has been in office as a public official of Grade IV or of a grade equivalent thereto or higher; and
(e) Any other person who is recognized to be suitable for a public interest member in charge of mediation from among those who have ten or more years of work experience in labor relations affairs or those who have good virtues.
(3) Deleted. <by Act No. 8296, Jan. 26, 2007>
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 Article 9 (Chairperson)   print
(1) There shall be one chairperson in each Labor Relations Commission.
(2) The chairperson of the National Labor Relations Commission shall be appointed by the President upon the proposal of the Minister of Employment and Labor from among the persons eligible for public interest members of the National Labor Relations Commission, and the chairperson of a Regional Labor Relations Commission shall be appointed by the President upon the recommendation of the chairperson of the National Labor Relations Commission and upon the proposal of the Minister of Employment and Labor from among the persons eligible for public interest members of a Regional Labor Relations Commission. <Amended by Act No. 8296, Jan. 26, 2007; Act No. 10339, Jun. 4, 2010>
(3) The chairperson of the National Labor Relations Commission shall be a public official in political service.
(4) The chairperson of each Labor Relations Commission (hereinafter referred to as the "chairperson") shall become a public interest member, and may take charge of the cases of adjudication, correction of discrimination, and mediation. <Amended by Act No. 8075, Dec. 21, 2006>
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 Article 10 (Duties of Chairperson)   print
(1) The chairperson shall represent the Labor Relations Commission concerned and exercise overall control over its general affairs.
(2) When the chairperson is unable to perform his/her duties for an unavoidable reason, a person who is elected from among public interest members pursuant to the Presidential Decree shall act for him.
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 Article 11 (Standing Members)   print
(1) There shall be standing members in each Labor Relations Commission, and they shall be appointed by the President upon the recommendation of the chairperson of the National Labor Relations Commission and upon the proposal of the Minister of Employment and Labor, from among those eligible for public interest members of the relevant Labor Relations Commission. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The standing members shall become public interest members, and may take charge of the cases of adjudication, correction of discrimination, and mediation. <Amended by Act No. 8075, Dec. 21, 2006>
(3) The number, ranks, etc. of the standing members in each Labor Relations Commission shall be prescribed by Presidential Decree.<Amended by Act No. 7773, Dec. 29, 2005>
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 Article 11-2 (Norms of Behavior of Members)   print
(1) Any member of each Labor Relations Commission shall perform his/ her duties in fair and sincere manner according to laws and his/her conscience.
(2) The National Labor Relations Commission may determine through a resolution at its plenary session under the provisions of Article 15 the norms of behavior which any member of each Labor Relations Commission has to observe in order to perform the duties under the provisions of paragraph (1), and the matters related to the operation thereof.
(3) The norms of behavior under the provisions of paragraph (2) shall determine the following matters:
1. Matters relevant to the prohibitions of such behavior as receiving entertainments, money and valuables, etc. in relation to the conduct of duties by a member of each Labor Relations Commission;
2. Matters relevant to the prohibitions and limitations of such behavior as damaging the fairness and neutrality, such as being partial to one side of the parties concerned or being obstructive to the settlement of a case by a member of each Labor Relations Commission;
3. Matters relevant to the sincere performance of duties, such as attending at a subcommittee under the provisions of Article 15; and
4. Other matters necessary for maintaining the dignity, etc. as a member of each Labor Relations Commission.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 12 (Disqualifications)   print
Any person falling under Article 33 of the State Public Officials Act shall not be designated as a member of each Labor Relations Commission.
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 Article 13 (Guarantee of Status of Members)   print
(1) Any member of each Labor Relations Commission shall not be dismissed from office or discharged from his/her duties against his/her will except for the cases falling under any of the following subparagraphs: <Amended by Act No. 8296, Jan. 26, 2007>
1. Where he/she falls under the provisions of Article 33 of the State Public Officials Act;
2. Where he/she is incapable to perform his/her duties due to a long period of mental or physical weakness;
3. Where there proves his/her corruption in connection with his/her duties or other corruption deemed unsuitable for sustaining membership of a Labor Relations Commission; and
4. Where it is difficult for him/her to perform duties as a member of a Labor Relations Commission by violating the norms of behavior under the provisions of Article 11-2.
(2) Any member of each Labor Relations Commission shall be deservedly dismissed from office or discharged from his/her duties where he/ she falls under paragraph (1) 1. <Amended by Act No. 8296, Jan. 26, 2007>
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 Article 14 (Secretariat and Bureau)   print
(1) A secretariat shall be established under the National Labor Relations Commission and a bureau shall be established under a Regional Labor Relations Commission. <Amended by Act No. 8296, Jan. 26, 2007>
(2) Matters necessary for the organization and operation of the secretariat and bureaus shall be prescribed by Presidential Decree. <Amended by Act No. 8296, Jan. 26, 2007>
(3) When the Minister of Employment and Labor intends to transfer any staff member belonging to the secretariat or bureau of a Labor Relations Commission, he/she shall hear the opinion of the chairperson of the National Labor Relations Commission. <Newly Inserted by Act No. 8296, Jan. 26, 2007; Act No. 10339, Jun. 4, 2010>
[Heading Amended by Act No. 8296, Jan. 26, 2007]
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 Article 14-2 (Secretary General of National Labor Relations Commission)   print
(1) The National Labor Relations Commission shall have one secretary general.
(2) One of the standing members of the National Labor Relations Commission shall concurrently hold the position of the secretary general.
(3) The secretary general shall administer the business of the secretariat under the direction of the chairperson of the National Labor Relations Commission, and direct and supervise the staff members under his/her control.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 14-3 (Investigator)   print
(1) The secretariat and a bureau shall each have an investigator.
(2) The investigator shall conduct investigation necessary for performing the business falling under the jurisdiction of each Labor Relations Commission under the direction of the chairperson, the chairperson of a subcommittee under the provisions of Article 15 or the chief adjudication member under the provisions of Article 16-2, and may attend and state his/her opinion at the subcommittee.
(3) The investigator shall be appointed by the chairperson of the National Labor Relations Commission from among the public officials belonging to the secretariat or a bureau of each Labor Relations Commission, and necessary matters concerning the appointment, eligibility, etc. thereof shall be prescribed by the Presidential Decree.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
CHAPTER III MEETING
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 Article 15 (Composition, etc. of Meeting)   print
(1) Each Labor Relations Commission shall, except other Acts otherwise prescribe, have an adjudication committee, a correction of discrimination committee, a mediation committee, a special mediation committee, an arbitration committee, a labor-related mediation committee for school teachers, and a labor-related mediation committee for public officials (hereinafter referred to as "subcommittees") to deal with the affairs falling under the competence thereof in addition to a plenary session. <Amended by Act No. 5962, Apr. 15, 1999; Act No. 7380, Jan. 27, 2005; Act No. 8075, Dec. 21, 2006>
(2) A plenary session shall be composed of all members of the Labor Relations Commission concerned, and shall deal with any matters falling under any of the following subparagraphs:
1. Decision upon general matters such as the operation of the Labor Relations Commission;
2. Recommendation concerning the improvement of working conditions as referred to in Article 22 (2); and
3. Formulation of instructions and rules as referred to in Articles 24 and 25 (limited to the National Labor Relations Commission).
(3) The adjudication committee shall be composed of three persons (the chairperson or one standing member shall be included) nominated by the chairperson from among the public interest members in charge of adjudication, and shall deal with the matters for which it is required to obtain adjudication, resolution, approval or recognition, etc. of a Labor Relations Commission in accordance with the Trade Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on the Promotion of Workers' Participation and Cooperation and other Acts. <Amended by Act No. 8296, Jan. 26, 2007>
(4) The correction of discrimination committee shall be composed of three persons (the chairperson or one standing member shall be included) nominated by the chairperson from among the public interest members in charge of correction of discrimination, and shall deal with the matters related to correction of discrimination under the Act on the Protection, etc. of Fixed-Term and Part-Time Workers and the Act on the Protection, etc. of Temporary Agency Workers. <Amended by Act No. 8296, Jan. 26, 2007>
(5) The mediation committee, the special mediation committee and the arbitration committee shall be established in accordance with the Trade Union and Labor Relations Adjustment Act, and shall deal with mediation, arbitration and other matters related thereto as referred to in the same Act, respectively. In this case, public interest members shall be selected from among the public interest members in charge of mediation (including the chairperson or standing members). <Amended by Act No. 8075, Dec. 21, 2006; Act No. 8296, Jan. 26, 2007>
(6) Notwithstanding the provisions of paragraphs (3) and (4), the chairperson may form an adjudication committee and a correction of discrimination committee with three persons of public interest members in charge of adjudication and three persons of public interest members in charge of correction, respectively, excluding the chairperson or the standing members, where there are unavoidable reasons, such as it is difficult for the chairperson or the standing members to normally conduct their duties due to excessive work load on them. <Newly Inserted by Act No. 8296, Jan. 26, 2007>
(7) Notwithstanding the provisions of paragraphs (3) through (5), the chairperson may, in forming subcommittees, nominate members regardless of the areas which the public interest members in charge of adjudication, public interest members in charge of correction of discrimination or public interest members in charge of mediation take charge of, where there are unavoidable reasons, such as excessive concentration of cases to a specific subcommittee. <Newly Inserted by Act No. 8296, Jan. 26, 2007>
(8) The labor-related mediation committee for school teachers shall be established and composed in accordance with the Act on the Establishment and Operation of Teachers' Unions and shall be in charge of mediation, arbitration and other related matters under the provisions of the same Act. <Newly Inserted by Act No. 5962, Apr. 15, 1999>
(9) The labor-related mediation committee for public officials shall be established and composed in accordance with the Act on the Establishment and Operation of Public Officials' Unions, and shall deal with mediation, arbitration and other related matters under the provisions of the same Act. <Newly Inserted by Act No. 7380, Jan. 27, 2005>
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 Article 15-2 (Single Adjudication, etc.)   print
Where falling under any one of the following subparagraphs, the chairperson may nominate one public interest member in charge of adjudication or one public interest member in charge of correction of discrimination and have him/her deal with the case:
1. When requirements for application have not been met obviously such as passing the application period; and
2. When there is a request from both parties concerned or an agreement has been obtained.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 16 (Convocation of Meetings)   print
(1) The chairperson of each Labor Relations Commission shall preside over the plenary sessions, and the chairperson of each subcommittee shall be elected from among its constituent members and shall preside over the subcommittee concerned respectively, except as otherwise provided in any other Act.
(2) The chairperson of each Labor Relations Commission or the chairperson of each subcommittee shall convene the plenary session or subcommittee respectively as referred to in Article 15 (1): Provided, That the chairperson may, if deemed necessary, convene the subcommittee. <Amended by Act No. 5962, Apr. 15, 1999>
(3) The chairperson of each Labor Relations Commission or the chairperson of each subcommittee shall convene a meeting when a majority of the members of the plenary session or the subcommittee requests a convocation of meeting.
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 Article 16-2 (Chief Adjudication Member)   print
Where the chairperson of a subcommittee deems it necessary for smooth operation of the subcommittee, he/she may nominate a chief adjudication member and have him/her manage the settlement of the case.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 16-3 (Advice, etc. of Reconciliation)   print
(1) Each Labor Relations Commission may advise a reconciliation or offer a proposition of reconciliation at the request of the interested parties or ex officio not later than an adjudication, order or decision is rendered under the provisions of Article 84 of the Trade Union and Labor Relations Adjustment Act or Article 28 of the Labor Standards Act. <Amended by Act No. 8372, Apr. 11, 2007>
(2) Each Labor Relations Commission shall hear the opinion of the interested parties in full in drawing up the proposition of reconciliation.
(3) Each Labor Relations Commission shall, when the interested parties have accepted the proposition of reconciliation, draw up a protocol of reconciliation.
(4) The interested parties and all members engaged in the reconciliation shall affix their signatures or seals to the protocol of reconciliation.
(5) The protocol drawn up under the provisions of paragraphs (3) and (4) shall have force of the judicial reconciliation referred to in the Civil Procedure Act.
(6) Necessary matters for the method of reconciliation, the preparation of a protocol of reconciliation, etc. under the provisions of paragraphs (1) through (4) shall be separately determined by the National Labor Relations Commission.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 17 (Resolution)   print
(1) A plenary session of each Labor Relations Commission shall be convened with the attendance of a majority of all registered members and resolve with the approval of a majority of the members present.
(2) A meeting of a subcommittee shall be convened with the attendance of all constituent members and resolve with the approval of a majority of the members present.
(3) Notwithstanding the provisions of paragraph (2), a plenary session of a labor-related mediation committee for public officials shall be convened with the attendance of a majority of the registered members and resolve with the approval of a majority of the members present.
(4) Any member who has participated in a plenary session or a subcommittee meeting shall affix his/her signature or seal with respect to the matters resolved.
[This Article Wholly Amended by Act No. 8296, Jan. 26, 2007]
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 Article 17-2 (Notice, etc. of Results of Resolution)   print
(1) Each Labor Relations Commission shall notify the parties concerned of the results of resolution of the subcommittee.
(2) Each Labor Relations Commission shall notify the parties concerned in writing of the disposition thereof and the disposition shall take effect from the date on which such written order, decision or adjudication of re-examination is received.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
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 Article 18 (Reporting and Hearing of Opinions)   print
(1) The chairperson or the chairperson of a subcommittee may have any constituent member or investigator report to a meeting on the matters referred to the relevant meeting. <Amended by Act No. 8296, Jan. 26, 2007>
(2) The adjudication committee and the correction of discrimination committee shall hear opinions of one or more members of both workers' members and employers' members of the Labor Relations Commission concerned before passing a resolution: Provided, That this shall not apply where a workers' member or an employers' member fails to appear without any justifiable reason after being notified to appear. <Amended by Act No. 8075, Dec. 21, 2006>
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 Article 19 (Opening of Meetings to Public)   print
The meetings of each Labor Relations Commission shall be open to the public: Provided, That a meeting may not be open to the public with the resolution in the meeting of the Commission concerned.
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 Article 20 (Maintenance of Order during Meeting)   print
The chairperson or the chairperson of a subcommittee may issue an order to retire from the meeting room or take other necessary measures to keep order with respect to any person who obstructs fair progression or disturbs order of the meeting concerned. <Amended by Act No. 8296, Jan. 26, 2007>
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 Article 21 (Exclusion, Challenge, etc. of Members)   print
(1) Any member who falls under any one of the following subparagraphs shall be excluded from the performance of duties relevant to the case concerned: <Amended by Act No. 8296, Jan. 26, 2007>
1. Where a member or his/her spouse or a person who was his/her spouse has become the interested party of the relevant case or has the relationship of joint rightful persons or responsible persons with the interested party of the relevant case;
2. Where a member has or had the ties of kinship under the provisions of Article 777 of the Civil Act with the interested party of the relevant case;
3. Where a member has made a statement or given an expert opinion with regard to the relevant case;
4. Where a member is or was involved in the relevant case as a proxy of the interested party; and
5. Where a member took part in a disposition or omission which has caused the relevant case.
(2) The chairperson shall, when there exists a reason falling under paragraph (1), make a decision of exclusion ex officio or at the request of the interested party. <Newly Inserted by Act No. 8296, Jan. 26, 2007>
(3) Any of the parties concerned may challenge against a member from whom impartiality and independence during deliberation, resolution or mediation is deemed hardly expected, by notifying a reasonable ground in writing to the chairperson.
(4) Where it is deemed that the request of exclusion referred to in paragraph (3) is reasonable, the chairperson shall replace the member in question. <Amended by Act No. 8296, Jan. 26, 2007>
(5) As soon as a case is received, the chairperson shall inform the party concerned of the case that he/she may be able to file a request for exclusion under the provisions of paragraph (2) or a request for challenge under the provisions of paragraph (3). <Amended by Act No. 8296, Jan. 26, 2007>
CHAPTER IV AUTHORITIES
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 Article 22 (Request for Assistance, etc.)   print
(1) Each Labor Relations Commission may request the relevant administrative agencies for assistance, if deemed necessary to perform its functions, and then such administrative agencies shall, if any particular ground to the contrary, comply with such a request.
(2) Each Labor Relations Commission may recommend the relevant administrative agencies to take necessary measures to improve working conditions.
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 Article 23 (Investigation Authority, etc. of Commission)   print
(1) If it is deemed necessary to execute its business such as the confirmation of relation of fact in connection with the business concerned (excluding business falling under subparagraph 3) under the provisions of Article 2-2, each Labor Relations Commission may require the employer, employers' association, trade union and other relevant persons to attend, report or submit necessary documents, or have the member or investigator designated by the chairperson or the chairperson of a subcommittee investigate business conditions, documents and other articles of the business or workplace. <Amended by Act No. 8296, Jan. 26, 2007>
(2) The member or investigator who undertakes an investigation pursuant to paragraph (1) shall show a certificate verifying his/her authority to the related persons. <Amended by Act No. 8296, Jan. 26, 2007>
(3) When any person other than the relevant parties is deemed necessary to attend pursuant to paragraph (1), each Labor Relations Commission shall compensate him/her for expenses incurred by attendance at the Commission under the conditions as prescribed by the Presidential Decree.
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 Article 24 (Instruction Authority, etc. of National Labor Relations Commission)   print
The National Labor Relations Commission may give necessary instructions concerning the basic policies on the performance of functions and duties of the said Commission and the interpretation of Acts and subordinate statutes to a Regional Labor Relations Commission or a Special Labor Relations Commission.
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 Article 25 (Rule-making Authority of National Labor Relations Commission)   print
The National Labor Relations Commission may make rules pertaining to the operation of and other necessary matters of the National Labor Relations Commission, a Regional Labor Relations Commission or a Special Labor Relations Commission.
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 Article 26 (Review Authority of National Labor Relations Commission)   print
(1) The National Labor Relations Commission may, if requested by any of the parties concerned, review any measure taken by a Regional Labor Relations Commission or a Special Labor Relations Commission, and then may confirm, cancel, or modify it.
(2) The request as referred to in paragraph (1) shall be made within ten days after notice is given to the parties concerned of the measure taken by a Regional Labor Relations Commission or a Special Labor Relations Commission, except as otherwise provided by any related Act or subordinate statute.
(3) The period as referred to in paragraph (2) shall be an invariable period. <Amended by Act No. 8296, Jan. 26, 2007>
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 Article 27 (Lawsuit against Measure Taken by National Labor Relations Commission)   print
(1) Any lawsuit against any measure taken by the National Labor Relations Commission shall be instituted within fifteen days following the notice of the measure with the chairperson of the National Labor Relations Commission to be the defendant.
(2) The effect of the measure shall not be suspended because of the institution of lawsuit pursuant to this Act.
(3) The period as referred to in paragraph (1) shall be an invariable period.
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 28 (Obligation to Observe Confidentiality)   print
(1) Any person who is or was a member or staff of a Labor Relations Commission shall not divulge any matter which comes to his/her knowledge in connection with his/her duties.
(2) Any member or any staff member who had a part in the dealing of a case by a Labor Relations Commission, or any lawyer or any certified labor affairs consultant, etc. who was the member or the staff member may not discharge his/her duties with regard to the relevant case for profit making. <Newly Inserted by Act No. 8296, Jan. 26, 2007>
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 Article 29 (Presumption as being Public Official in Application of Penal Provisions)   print
The members of each Labor Relations Commission who are not a public officials shall be regarded as such in relation with the application of penal provisions in accordance with the Criminal Act or any other Act.
CHAPTER VI PENAL PROVISIONS
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 Article 30 (Penal Provisions)   print
Any person who violates Article 28 shall be punished by imprisonment not more than one year or by a fine not exceeding three million won.
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 Article 31 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs in relation to the right of investigation, etc. of a Labor Relations Commission pursuant to the provisions of Article 23 (1) shall be punished by a fine not exceeding five million won:
1. A person who fails to comply with the request of a Labor Relations Commission for a report or submission of documents, or who has given a false report or submitted a false document; and
2. A person who has refused, obstructed or evaded an investigation by the relevant member or investigator.
[This Article Wholly Amended by Act No. 8296, Jan. 26, 2007]
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 Article 32 (Joint Penal Provisions)   print
When a representative of a juristic person or association, or an agent, servant or any other employee of a juristic person, association or individual commits an offence stipulated under Article 31 in connection with the business of the juristic person, association or individual, a fine as provided in the same Article shall be imposed on the juristic person, association or individual, in addition to the punishment of the actual offenders.
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 Article 33 (Fine for Negligence)   print
(1) Any person who has failed to comply with the order to retire from the room under the provisions of Article 20 shall be punished by a fine for negligence not exceeding one million won.
(2) The fine for negligence under the provisions of paragraph (1) shall be levied and collected by a Labor Relations Commission under the conditions prescribed by the Presidential Decree.
(3) Any person who is dissatisfied with the disposition of the fine for negligence under the provisions of paragraph (2) may raise an objection to a Labor Relations Commission within thirty days from the date on which he/she has received the said disposition.
(4) When the person who has received a disposition under the provisions of paragraph (2) has raised an objection under the provisions of paragraph (3), a Labor Relations Commission shall notify the competent court of the fact without delay, and the competent court which has received the notification shall decide on the case of the fine for negligence under the Non-Contentious Case Litigation Procedure Act.
(5) When the person has neither filed an objection within the period under the provisions of paragraph (3), nor has paid the fine for negligence, the fine for negligence shall be collected according to the examples of disposition for the default of national taxes.
[This Article Newly Inserted by Act No. 8296, Jan. 26, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Matters under Jurisdiction)
Any matter which is connected with two or more of the Seoul Special Metropolitan City, Metropolitan Cities or Dos and is pending the National Labor Relations Commission in accordance with previous provisions at the time when this Act enters into force, shall still be dealt with by the National Labor Relations Commission, notwithstanding Article 3 (2).
Article 3 (Transitional Measures concerning Appointment of Chairperson, etc.)
When a person who is in office as chairperson or standing member as of February 28, 1997, is appointed as chairperson or standing member under this Act, his/her term of office shall count from the date when the date of appointment in accordance with the Labor Relations Commission Act (Act No. 3770).
Article 4 (Transitional Measures concerning Demand for Attendance, Report, etc.)
Any demand for attendance, report, or submission of necessary documents made by a Labor Relations Commission at the time when this Act enters into force, shall be deemed to have been made in accordance with this Act.
Article 5 (Transitional Measures concerning Penal Provisions)
Application of penal provisions to any act made before this Act enters into force shall be made under the previous provisions.
ADDENDUM<Act No. 5962, Apr. 15, 1999>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 15 (1) and (5) shall enter into force on July 1, 1999.
ADDENDA<Act No. 7380, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDA<Act No. 7773, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Article 2 Omitted.
ADDENDA<Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 8075, Dec. 21, 2006>
This Act shall enter into force on January 1, 2007: Provided, That the amended provisions of Article 6 (2) shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8296, Jan. 26, 2007>
(1) (Enforcement Date) This Act shall enter into force on April 1, 2007.
(2) (Applicability to Appointment of Public Interest Members) The amended provisions of Article 6 (4) shall start to apply with a public interest member who is appointed first after the enforcement of this Act.
(3) (Applicability to Appointment of Chairperson of Regional Labor Relations Commission) The amended provisions of Article 9 (2) shall start to apply with the chairperson of a Regional Labor Relations Commission appointed first after the enforcement of this Act.
ADDENDA<Act No. 8372, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDUM<Act No. 8474, May 17, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDA<Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.