Article 6 (Composition, etc. of Labor Relations Commission)

(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 a Labor Relations Commission shall, within the following scope, be determined by Presidential Decree, taking account of the work load of the relevant Labor Relations Commission. In such cases, workers’ members and employers’ members shall be equal in number:

1. For workers’ members and employers’ members: At least 10, but not exceeding 50 persons, respectively;

2. For public interest members: At least 10, but not exceeding 70 persons.

(3) Workers’ members shall be appointed from among persons recommended by the trade union, and employers’ members shall be appointed from among persons recommended by the employers’ association, classified as follows:

1. For the National Labor Relations Commission: appointed by the President upon the recommendation of the Minister of Employment and Labor;

2. For a Regional Labor Relations Commission: appointed by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of the relevant Regional Labor Relations Commission.

(4) Those persons remaining after the trade union and the employers’ association exclude in order any person from among those recommended by the chairperson of the relevant Labor Relations Commission, trade union, and employers’ association, respectively, shall become the persons entitled to be appointed as public interest members eligible for appointment, and, public interest members shall be appointed from among such persons entitled to be appointed as public interest members, classified as follows:

1. For the public interest members of the National Labor Relations Commission: appointed by the President upon the recommendation of the Minister of Employment and Labor;

2. For the public interest members of a Regional Labor Relations Commission: appointed by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of a Regional Labor Relations Commission.

(5) Notwithstanding the provisions of paragraph (4), where the trade union or the employers’ association rejects procedures for recommending public interest members or procedures for eliminating the recommended public interest members in order, the chairperson of the relevant Labor Relations Commission may select public interest members eligible for appointment.

(6) Public interest members shall be commissioned as classified below:

1. Public interest members in charge of adjudication;

2. Public interest members in charge of correction of discriminatory treatment;

3. Public interest members in charge of mediation.

(7) Procedures for recommending members of a Labor Relations Commission, methods of excluding in order public interest members, and other matters necessary for the appointment of members shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jan. 20, 2015]

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 6 (Selection of Candidates for Public Interest Members)

(1) The chairperson of a Labor Relations Commission, a labor union and an employers’ association shall, if they recommend members representing the public interest (hereinafter referred to as “public interest members”) in accordance with Article 6 (4) of the Act, recommend public interest members in charge of adjudication, public interest members in charge of redressing discrimination and public interest members in charge of mediation separately, each within the limits of the number of public interest members to be appointed：Provided that the chairperson of a Labor Relations Commission shall recommend candidates for public interest members as many as the number of public interest members to be appointed.
(2) If a labor union and an employers’ association recommend public interest members pursuant to paragraph (1), candidates for the public interest members of the National Labor Relations Commission shall be recommended by the national federation of labor unions and the national-level employers’ association, respectively, and candidates for the public interest members of a Regional Labor Relations Commission shall be recommended by the regional representative office of the national federation of labor unions organized within the jurisdiction of the Regional Labor Relations Commission concerned and by the employers’ association, respectively：Provided that if there exists a labor union not belonging to the national federation of labor unions, the recommendation may be made directly by the labor union concerned.
(3) If there are multiple labor unions recommending public interest members pursuant to paragraph (2), the chairperson of the Labor Relations Commission may adjust the number of people that can be recommended by each labor union, in consideration of the number of members of each labor union.
(4) If the labor union and the employers’ association, by turns, remove one by one the candidates for public interest members recommended pursuant to paragraphs (1) through (3) pursuant to Article 6 (4) of the Act, the candidates should be removed until their number reaches the number of public interest members to be appointed. In this case, if there are multiple labor unions participating in the procedures for removing by turns, the chairperson of the Labor Relations Commission may adjust the number of people that can be removed by each labor union, in consideration of the number of members of each labor union.
(5) Deleted.
(6) The chairperson of a Labor Relations Commission shall, if a candidate recommended for a public interest member fails to meet the qualifications prescribed in Article 8 of the Act or is subject to the disqualifications as referred to in Article 12 of the Act, specify the reasons and exclude him/her from the procedures for removing candidates one by one. ssion, allowances shall be paid according to the number of days of attendance and travel expenses shall be paid according to the rules on public officials’ travel expenses.

Enforcement Ordinance

Article 6-2 (Remedy for Violation of Rights Sought by Certified Labor Affairs Consultant)

(1) In cases concerning the adjudication, decision, approval, recognition, or correction of discriminatory treatment, etc. referred to in subparagraph 1 of Article 2-2, the Labor Relations Commissions may have an attorney-at-law or certified public labor attorney conduct business for the relief of rights by proxy for the socially vulnerable groups.
(2) Those matters necessary for having an attorney-at-law or certified public labor attorney perform duties of the relief of rights by proxy for the socially vulnerable groups pursuant to paragraph (1), including matters concerning the requirements and objects, and the remuneration of the attorneys-at-law and certified public labor attorneys, shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 7 (Term of Office of Members, etc.)

(1) The term of office for the members of the Labor Relations Commissions shall be three years, and renewable.
(2) In cases of the vacancy of a member of a Labor Relations Commission, 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 of a Labor Relations Commission, the term of office of the successor shall start anew.
(3) A member of a Labor Relations Commission whose term of office expires shall continue to perform his/her duties until his/her successor is designated.
(4) Matters necessary for the treatment of members of the Labor Relations Commissions shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Enforcement Ordinance

Enforcement Ordinance

Article 8 (Qualification Standards, etc. for Public Interest Members)

(1) The public interest members of the National Labor Relations Commission shall, as classified in the following subparagraphs, be commissioned from among those with abundant knowledge and experience in labor issues, but it shall be required to endeavor to increase the number of female members:
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 is or used to be in office as an associate professor or higher at a school falling under any of subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
(b) A person who has been or used to be in office as a judge, public prosecutor, military judicial officer, attorney-at-law, or certified labor affairs consultant for at least seven years;
(c) A person who has at least seven years' work experience in labor relations affairs and was or 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;
(d) Any other person who has experience in labor relations affairs for at least 15 years and is deemed suitable for a public interest member in charge of adjudication or a public interest member in charge of correction of discrimination;
2. For public interest members in charge of conciliation:
(a) A person who was or has been in office as an associate professor or higher at a school falling under any of subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
(b) A person who has been or used to be in office as a judge, public prosecutor, military judicial officer, attorney-at-law, or certified labor affairs consultant for at least seven years;
(c) A person who has at least seven years' work experience in labor relations affairs and has been or used to be 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;
(d) Any other person who is deemed suitable for a public interest member in charge of conciliation among those who have at least 15 years' work experience in labor relations affairs or those who have good virtues.
(2) The public interest members of a Regional National Labor Relations Commission shall, as classified in the following subparagraphs, be commissioned from among those with abundant knowledge and experience in labor issues, but it shall be required to endeavor to increase the number of female members:
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 was or is in office as an assistant professor or higher at a school falling under any of subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
(b) A person who has been or used to be in office as a judge, public prosecutor, military judicial officer, attorney-at-law, or certified labor affairs consultant for at least three years;
(c) A person who has at least three years' work experience in labor relations affairs and has been or used to be 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 at least 10 years' work experience in labor relations affairs and has been or used to be in office as a public official of Grade Ⅳ or of a grade equivalent thereto or higher;
(e) Any other person who has at least ten years' work experience in labor relations affairs and is deemed suitable for a public interest member in charge of adjudication or a public interest member in charge of correction of discrimination;
2. For public interest members in charge of conciliation:
(a) A person who has been or used to be in office as an assistant professor or higher at a school falling under any of subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
(b) A person who has been or used to be in office as a judge, public prosecutor, military judicial officer, attorney-at-law, or certified labor affairs consultant for at least three years;
(c) A person who has at least three years' work experience in labor relations affairs and has been or used to be 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 at least ten years' work experience in labor relations affairs and was or has been in office as a public official of Grade Ⅳ or of a grade equivalent thereto or higher;
(e) Any other person who is deemed suitable for a public interest member in charge of conciliation among those who have at least ten years' work experience in labor relations affairs or those who have good virtues.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 9 (Chairperson)

(1) There shall be one chairperson in a 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 persons eligible for public interest members of the National Labor Relations Commission pursuant to Article 8 (1), 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 persons eligible for public interest members of a Regional Labor Relations Commission pursuant to Article 8 (2).
(3) The chairperson of the National Labor Relations Commission shall be a public official in political service.
(4) The chairperson of a Labor Relations Commission (hereinafter referred to as the "chairperson of a Labor Relations Commission") shall become a public interest member of the relevant Labor Relations Commission, and may take charge of the cases of adjudication, correction of discriminatory treatment, and conciliation.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 10 (Duties of Chairperson)

(1) The chairperson of a Labor Relations Commission shall represent the relevant Labor Relations Commission and exercise general control over its general affairs.
(2) When the chairperson of a Labor Relations Commission is unable to perform any of his/her duties for an unavoidable reason, a public interest member prescribed by Presidential Decree shall act on the chairperson's behalf.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Enforcement Ordinance

Article 11 (Standing Members)

(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 qualified as public interest members of the Commission concerned.
(2) The standing members shall become public interest members and may take charge of cases of adjudication, redressing discrimination and mediation.
(3) The number, ranks, etc. of standing members in each Labor Relations Commission shall be prescribed by the Presidential Decree.

Article 11-2 (Rules of Conduct for Members)

(1) Each member of a Labor Relations Commission shall fairly and conscientiously perform his/her duties in conformity with laws and his/her conscience.
(2) The National Labor Relations Commission may determine, through a resolution at its plenary session under Article 15, the code of conduct which the members of a Labor Relations Commission have to observe in order to perform their duties pursuant to paragraph (1), and the matters related to the operation thereof.
(3) The code of conduct of the members of each Labor Relations Commission under paragraph (2) shall include the following:
1. Matters concerning prohibition against such conduct as receipt of entertainments, money and valuables, etc. with respect to the performance of theirs duties;
2. Matters concerning prohibition against and restrictions on such conduct of the members of a Labor Relations Commission as impairing the fairness and impartiality thereof, including bias in favor of any interested party or interference with the disposition of any case;
3. Matters concerning prohibition against any conduct of either using any fact which they have become aware of in the course of performing their duties, or providing them to any other person;
4. Matters concerning the faithful performance of their duties as members of a Labor Relations Commission, such as attendance at the subcommittee under Article 15;
5. Other matters necessary for maintaining their dignity as members of a Labor Relations Commission;
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 12 (Disqualification)

Any one falling under any subparagraph of Article 33 of the State Public Officials Act shall not be appointed as a member of a Labor Relations Commission.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 13 (Guarantee of Status of Members)

(1) Any member of a Labor Relations Commission shall not be dismissed or discharged from office against his/her will, except for cases falling under any of the following subparagraphs：
1. Where he/she falls under any subparagraph of Article 33 of the State Public Officials Act；
2. Where he/she is unable to perform his/her duties due to a long period of mental and physical weakness；
3. Where there is proven corruption in relation to his/her duties or proven corruption deemed unsuitable for sustaining membership of a Labor Relations Commission；
4. Where it is impracticable for him/her to perform his/her duties as a member of a Labor Relations Commission by violating the code of conduct under Article 11-2; and
5. Where it turns out that he/she fails to meet the qualification standards for the member of the relevant Labor Relations Commission after he/she was commissioned as such.
(2) If any member of a Labor Relations Commission falls under subparagraph 1 of paragraph (1), he/she shall be dismissed or discharged from office.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 14 (Secretariat Office and Secretariat Bureau)

(1) The National Labor Relations Commission shall have a secretariat office and a Regional Labor Relations Commission shall have a secretariat bureau.
(2) Necessary matters concerning the organization and operation of the secretariat office and secretariat bureau shall be prescribed by the Presidential Decree.
(3) If the Minister of Employment and Labor intends to transfer any staff member of the secretariat office or secretariat bureau between the Ministry of Employment and Labor and the Labor Relations Commission, he/she shall hear opinions from the chairperson of the National Labor Relations Commission.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 14-2 (Secretary General of National Labor Relations Commission)

(1) The National Labor Relations Commission shall have one secretary general.
(2) A standing member of the National Labor Relations Commission shall concurrently hold the position of the secretary general.
(3) The secretary general shall administer the affairs of the secretariat office and direct and supervise the staff members of the office on the order of the chairperson of the National Labor Relations Commission.
<This Article Newly inserted by Act No. 8296, Jan. 26, 2007>

Article 14-3 (Investigator)

(1) The secretariat office and secretariat bureau of Labor Relations Commissions, each, shall have an investigator.
(2) The investigator shall be appointed by the chairperson of the National Labor Relations Commission under Article 15 from among public officials belonging to the secretariat office or the secretariat bureau of a Labor Relations Commission.
(3) The investigator may conduct an investigation necessary for performing business under the jurisdiction of the Labor Relations Commission under the direction of the chairperson, the chairperson of a subcommittee under Article 15 or the chief member under Article 16-2, and attend and state his/her opinions at the subcommittee.
(4) Matters necessary for the appointment of, qualifications, etc. for investigators shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Enforcement Ordinance