Article 1 (Purpose)

The purpose of this Act is to contribute to the security and development of labor relations by establishing the Labor Relations Commission and regulating matters as to the operation of the Commission in order to perform, in a prompt and fair manner, functions of adjudication and adjustment in labor relations.

Enforcement Ordinance

Article 2 (Classification, Structure, etc. of Labor Relations Commissions)

(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 denominations, locations and jurisdictional areas of Regional Labor Relations Commissions shall be prescribed by the Presidential Decree.
(3) The Special Labor Relations Commissions shall, if necessary for dealing with prescribed in any relevant Act or subordinate statute, be established under the head of a central administrative agency which has jurisdiction over the said specific matters.

Enforcement Ordinance

Article 2-2 (Business of Labor Relations Commission)

The business affairs of the Labor Relations Commissions shall be as follows:

1. Business affairs relevant to adjudication, decision, resolution, approval, recognition, the correction of discriminatory treatment, 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 of Fixed-Term and Part-Time Employees, the Act on the Protection of Temporary Agency Workers, and the Act on Work-Study Combination at Industrial Sites;

2. Business affairs relevant to the conciliation 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 relevant parties;

3. Business affairs relevant to survey, research, education, publicity, etc. related to the performance of those referred to in subparagraphs 1 and 2;

4. Other business affairs prescribed as those falling under the jurisdiction of the Labor Relations Commissions by other Acts.

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

Article 3 (Jurisdiction of Labor Relations Commission)

(1) The National Labor Relations Commission shall have jurisdiction over cases falling under any of the following subparagraphs：
1. Review of measures taken by the Regional and Special Labor Relations Commissions；
2. Mediation of labor disputes over which two or more Regional Labor Relations Commissions have 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 fall under jurisdiction of two or more Regional Labor Relations Commissions (excluding mediation cases referred to in subparagraph 2 of paragraph (1)) shall be governed 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 specified matters which are stipulated as the objectives of its establishment under any relevant Act.
(4) Notwithstanding subparagraph 2 of paragraph (1), the chairperson of the National Labor Relations Commission may, if deemed necessary for the efficient mediation of any labor dispute, designate a particular Regional Labor Relations Commission to deal with the dispute concerned.
(5) When it is difficult to determine the main workplace under paragraph (2) or when the Regional Labor Relations Commission having jurisdiction over the location of the main workplace has difficulty 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 the case concerned.

Article 3-2 (Transfer of Cases)

(1) A Labor Relations Commission shall, where any case which it has accepted falls under the jurisdiction of another Labor Relations Commission, transfer it to the competent Labor Relations Commission without delay. The same shall apply where it is verified that the case falls under another Labor Relations Commission after an investigation under Article 23 has been conducted.
(2) The case transferred pursuant to paragraph (1) shall be deemed that initially accepted by the competent Labor Relations Commission.
(3) In cases of transferring any case pursuant to paragraph (1), a Labor Relations Commission shall notify the relevant parties of the fact without delay.
[This Article Newly Inserted by Act No. 13044, Jan. 20, 2015]

Article 4 (Status, etc. of Labor Relations Commission)

(1) A Labor Relations Commission shall independently perform functions and duties within its authority.
(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 and Regional Labor Relations Commissions, and shall direct and supervise the public officials under his/her control.
(3) The chairperson of the National Labor Relations Commission may partially delegate his/her authority to direct and supervise administrative matters under paragraph (2) to chairpersons of the Regional Labor Relations Commissions, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 5 (Formation, etc. of Special Labor Relations Commission)

(1) Article 6 (3) through (7) and Article 9 (2) and (4) shall not apply to Special Labor Relations Commissions.
(2) Any of the following matters may be otherwise prescribed by another 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 under Article 6 (2);
2. Standing members under Article 11.
(3) When the provisions of Article 15 (3) through (5) are applied 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 under Article 6 (6) shall be deemed public interest members of the Special Labor Relations Commission.
[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

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

Article 15 (Composition, etc. of Meeting)

(1) The following subcommittees shall be established under the control of a Labor Relations Commission to deal with those affairs under the jurisdiction of the plenary meeting and the Labor Relations Commission in their respective fields: Provided, That this shall not apply where there exist any special provisions in another Act:

1. The Committee on Adjudication;

2. The Committee on Correction of Discrimination;

3. The Committee on Conciliation;

4. The Committee on Special Conciliation;

5. The Committee on Arbitration;

6. The Committee on Conciliation of Labor-Relations of School Teachers established under Article 11 (1) of the Act on the Establishment, Operation, etc. of Teachers’ Labor Unions;

7. The Committee on Conciliation of Labor-Relations of Public Officials established under Article 14 (1) of the Act on Establishment, Operation, etc. of Public Officials’ Labor Unions.

(2) A plenary meeting shall be comprised of all members of the relevant Labor Relations Commission, and shall deal with the following matters:

1. Decision upon general matters, such as the operation of the Labor Relations Commission;

2. Recommendation concerning the improvement of working conditions referred to in Article 22 (2);

3. Instructions and rule-making referred to in Articles 24 and 25 (limited to the National Labor Relations Commission).

(3) The Committee on Adjudication referred to in paragraph (1) 1 shall be comprised of three persons nominated by the chairperson of the relevant Labor Relations Commission, from among the public interest members in charge of adjudication, and shall deal with matters related to the decisions, resolutions, approval, recognition, etc. under the Trade Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on the Promotion of Workers’ Participation and Cooperation, or any other Act.

(4) The Committee on Correction of Discrimination referred to in paragraph (1) 2 shall be comprised of three persons nominated by the chairperson of the relevant Labor Relations Commission, from among the public interest members in charge of correction of discrimination, and shall deal with matters related to the correction of discriminatory treatment under the Act on the Protection of Fixed-Term and Part-Time Employees, the Act on the Protection of Temporary Agency Workers, or the Act on Work-Study Combination at Industrial Sites.

(5) The Conciliation Committee, the Special Conciliation Committee, and the Committee on Arbitration referred to in paragraph (1) 3 through 5 shall be organized, as prescribed by the Trade Union and Labor Relations Adjustment Act, and shall take charge of conciliation or arbitration under the same Act, and other affairs related thereto, respectively. In such cases, the public interest members shall be nominated from among the public interest members in charge of conciliation.

(6) When the chairperson of a Labor Relations Committee organizes subcommittees pursuant to paragraphs (3) and (4), he/she shall nominate the members thereof so as to include the chairperson or one standing member of the Labor Relations Committee, except in extenuating circumstances provided by rules established by the National Labor Relations Commission pursuant to Article 25, such as where it is difficult for the chairperson or the standing member to normally perform his/her duties due to excessive work load.

(7) Notwithstanding the provisions of paragraphs (3) through (5), when the chairperson of a Labor Relations Committee organizes the subcommittees, he/she may, where he/she deems that cases are concentrated in any specific subcommittee or that expertise in another field is required, appoint any public interest member in charge of adjudication, public interest member in charge of correction of discrimination, or public interest member in charge of conciliation as a member of any subcommittee which is not related to his/her duties.

(8) The Committee on Conciliation of Labor-Relations of School Teachers referred to in paragraph (1) 6 shall be established and organized, as prescribed in the Act on the Establishment and Operation of Teachers’ Labor Unions, and shall take charge of conciliation or arbitration of the same Act, and other affairs related thereto.

(9) The Committee on Conciliation of Labor-Relations of Public Officials referred to in paragraph (1) 7 shall be established and organized, as prescribed in the Act on Establishment, Operation, etc. of Public Officials’ Labor Unions, and shall take charge of conciliation or arbitration of the same Act, and other affairs related thereto.

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

Article 15-2 (Adjudication by Single Member, etc.)

In any of the following cases, the chairperson may designate one public inter st member in charge of adjudication or one public interest member in charge of redressing discrimination and have that member deal with the case；
1. Where conditions for application are not satisfied obviously, such as by missing an application deadline, etc.；or
2. Where both parties concerned jointly apply or agree.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Article 16 (Calling of Meeting)

(1) The chairperson shall preside over the plenary sessions, and the chairperson of a subcommittee shall be elected by mutual vote among the members and preside over the subcommittee concerned except otherwise provided in any other Act.
(2) The chairperson or the chairperson of a subcommittee shall convene the plenary session or subcommittee, respectively, pursuant to Article 15 (1)：Provided that the chairperson may, if deemed necessary, convene a subcommittee.
(3) The chairperson or the chairperson of a subcommittee shall convene a meeting when a majority of the members of the plenary session or subcommittee call for a meeting.

Enforcement Ordinance

Article 16-2 (Chief Member)

The chairperson of a subcommittee may, if it is deemed necessary for the smooth operation of the subcommittee, designate a chief member and have him/her deal with the case.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Article 16-3 (Recommendation of Conciliation, etc.)

(1) A Labor Relations Commission may recommend conciliation or present a conciliation proposal at the request of the parties concerned or by virtue of its authority before a judgment, an order or a decision is rendered pursuant to Article 84 of the labor union and Labor Relations Adjustment Act or Article 28 of the Labor Standards Act.
(2) When preparing the conciliation proposal, the Labor Relations Commission shall sufficiently hear opinions from the parties concerned.
(3) If the parties concerned have accepted the conciliation proposal, the Labor Relations Commission shall draw up a conciliation statement.
(4) The conciliation statement shall be signed or sealed by the parties concerned and all members involved in the conciliation.
(5) The conciliation statement prepared pursuant to Articles (3) and (4) shall have the same effect as the conciliation imposed by the courts in accordance with the Civil Procedure Act.
(6) Necessary matters concerning the method of conciliation, the preparation of a conciliation statement, etc. prescribed in paragraphs (1) through (4) shall be determined by the National Labor Relations Commission.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Article 17 (Resolution)

(1) A plenary session shall be held with the attendance of a majority of all members, and pass a resolution with the approval of a majority of the members present.
(2) A meeting of a subcommittee shall be held with the attendance of all members, and pass a resolution with the approval of a majority of the members present.
(3) Notwithstanding paragraph (2), a plenary session of the labor relations adjustment committee for public officials shall be held with the attendance of a majority of all members and pass a resolution with the approval of a majority of the members present.
(4) A member who attends a plenary session or a meeting of a subcommittee shall affix his/her signature or seal with regard to the matters resolved.
<This Article Wholly Amended by Act No. 8296, Jan. 26, 2007>

Article 17-2 (Notification, etc. of Resolution Results)

(1) A Labor Relations Commission shall notify the parties concerned of the results of resolution of its subcommittee without delay.
(2) A Labor Relations Commission shall notify the parties concerned of its measures in writing and the measures shall take effect from the date on which such letter of order, letter of decision or letter of re-examination decision is received.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Enforcement Ordinance

Article 17-3 (Service by Public Notice)

(1) A Labor Relations Committee may provide service by public notice where a person on whom any document has to be served falls under any of the following cases:

1. Where the domicile of such person is unknown;

2. Where it is impracticable to serve a document because such person is domiciled outside of the Republic of Korea or it is impracticable to verify the domicile of such person in a normal manner;

3. Where a document was served by registered mail, etc., but is returned on the ground that it was verified that the person on whom the document is to be served was not located there.

(2) Service by public notice under paragraph (1) shall be provided in a manner of posting the content of the document on the bulletin board or Internet homepage of the relevant Labor Relations Commission.

(3) Service by public notice shall take effect upon the elapse of 14 days from the date the content of the document was posted pursuant to paragraph (2).

(4) Matters necessary for requirements for providing service by public notice under paragraph (1) and the methods and procedures for providing service by public notice under paragraph (2) shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Jan. 20, 2015]

Enforcement Ordinance

Article 18 (Reporting and Hearing of Opinions)

(1) The chairperson or the chairperson of a subcommittee may have the members or investigator report to a meeting on matters referred to the meeting.
(2) The adjudication committee and the discrimination redress committee shall hear opinions of one or more workers’ members and employers’ members of the Labor Relations Commission concerned before passing a resolution：Provided that this shall not apply if the workers’ or employers’ members fail to appear without any justifiable reason after being notified to appear.

Article 19 (Opening of Meetings to Public)

The meetings of a Labor Relations Commission shall be open to the public：Provided that a meeting may not be open to the public with the resolution of the Commission.

Article 20 (Maintenance of Order during Meeting)

The chairperson or the chairperson of a subcommittee may issue an order of exit and take other necessary measures to maintain order against any person who obstructs fair progress or disturbs order of the meeting concerned.

Article 21 (Exclusion, Challenge, etc. of Members)

(1) Any of the following members shall be excluded from the performance of duties related to the relevant case:

1. Where a member or his/her current or ex-spouse has become a party directly involved in the relevant case or has the relationship of joint rightful persons or responsible persons with any party of the relevant case;

2. Where a member is a current or former relative of any 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 any affairs as an agent of any party;

4-2. Where a corporation, organization, or law office to which a member belongs was involved in the relevant case as an agent of any party;

5. Where a member or a corporation, organization, or law office to which a member belongs took part in a disposition or omission which has caused the relevant case.

(2) When there exists a reason falling under paragraph (1), the chairperson of a Labor Relations Commission shall decide on exclusion upon request by any relevant party or ex officio.

(3) Any party may challenge against a member from whom impartiality and independence during deliberation, resolution, or conciliation are deemed hardly expected, by sending a written statement of the reason to the chairperson of the relevant Labor Relations Commission.

(4) The chairperson of the relevant Labor Relations Commission shall decide on challenge if deemed that a request for exclusion under paragraph (3) is well-grounded.

(5) Upon receipt of a case, the chairperson of the relevant Labor Relations Commission shall immediately inform the parties of the relevant case that they may be able to file a request for exclusion under paragraph (2) or a request for challenge under paragraph (3).

(6) Where a member falls under any cause prescribed in paragraph (1) or (3), he/she may voluntarily refrain from performing his/her duties. In such cases, that member shall expound on such cause.

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

Article 22 (Request for Cooperation, etc.)

(1) A Labor Relations Commission may request cooperation from the relevant administrative agencies if it is deemed necessary for executing its business, and such administrative agencies shall comply with that request unless there are particular reasons.
(2) A Labor Relations Commission may recommend the relevant administrative agencies to take necessary measures to improve working conditions.

Article 23 (Labor Relations Commission’s Right to Investigate, etc.)

(1) If deemed necessary for performing its affairs, such as the verification of fact relevance with respect to affairs under its jurisdiction (excluding affairs falling under subparagraph 3) referred to in Article 2-2, a Labor Relations Commission may require workers, trade unions, employers, employers’ association, and other relevant persons to attend, report, state, or submit necessary documents, or have the member or investigator designated by the chairperson of the said Labor Relations Commission or the chairperson of a subcommittee investigate business conditions, documents, and other articles of the business or workplace.

(2) The member or investigator who conducts an investigation pursuant to paragraph (1) shall produce a certificate verifying his/her authority to the related persons.

(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 in relation to attendance at the Commission, as prescribed by Presidential Decree.

(4) A Labor Relations Commission shall serve on the other party a copy of a written request which has been submitted by an applicant of any case referred to adjudication or a case for correction of discriminatory treatment, and shall then have the other party submit a written defence.

(5) A Labor Relations Commission shall serve a copy of the written defence submitted by the other party pursuant to paragraph (4), on the applicant, without delay.

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

Enforcement Ordinance

Enforcement Ordinance

Article 24 (National Labor Relations Commission’s Right to Give Instruction, etc.)

The National Labor Relations Commission may give necessary instructions concerning the basic policies on the handling of business of the Labor Relations Commissions and the interpretation of Acts and subordinate statutes to a Regional Labor Relations Commission or a Special Labor Relations Commission.

Article 25 (National Labor Relations Commission’s Right to Make Rules)

The National Labor Relations Commission may formulate rules for the operation and other necessary matters of the National Labor Relations Commission, a Regional Labor Relations Commission, or a Special Labor Relations Commission.

Article 26 (National Labor Relations Commission’s Right to Review)

(1) The National Labor Relations Commission may review measures taken by a Regional Labor Relations Commission or a Special Labor Relations Commission, and may confirm, revoke or modify such measures, if requested by the parties concerned.
(2) The request under paragraph (1) shall be made within ten days after the parties concerned is notified of the measures taken by a Regional Labor Relations Commission or a Special Labor Relations Commission, except otherwise provided in any related Act or subordinate statute.
(3) The period under paragraph (2) shall be an unchangeable one.

Article 27 (Appeal against Measure Taken by National Labor Relations Commission)

(1) An appeal against any measure taken by the National Labor Relations Commission shall be filed within fifteen days following 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 filing of an appeal under this Act.
(3) The period under paragraph (1) shall be a unchangeable one.

Article 28 (Duty of Confidentiality)

(1) A person who is or was a member or staff member of a Labor Relations Commissions shall not divulge any secrets learned in connection with his/her duties.
(2) A member or staff member of a Labor Relations Commission who is involved in the handling of a case by the Labor Relations Commission or a defense lawyer, certified public labor attorney, etc., who was the member or staff member shall not perform his/her duties concerning the case for the purpose of profit making.
<Title of This Article Amended by Act No. 8296, Jan. 26, 2007>

Article 29 (Presumption as Being Public Servants in Application of Penal Provisions)

The members of a Labor Relations Commission who are not public officials shall be regarded as public officials in relation to the application of the penal provisions of the Criminal Act or any other Act.

Article 30 (Penal Provisions)

A person who violates Article 28 shall be punished by imprisonment of up to one year or a fine not exceeding ten million won.

Article 31 (Penal Provisions)

A person who falls under any of the following subparagraphs with regard to a Labor Relations Commission’s right to investigate, etc., under 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 to report or submit documents or makes a false report or submits false documents；
2. A person who refuses, obstructs or avoids an investigation by the relevant member or investigator.
<This Article Wholly Amended by Act No. 8296, Jan. 26, 2007>

Article 32 (Joint Penal Provision)

If a representative of a juristic person or an organization, or an agent, a servant or any other employee of a juristic person, an organization or an individual have committed an offense in violation of Article 31 in connection with the business of the juristic person, organization or individual, a fine provided in the said Article shall be imposed on the juristic person, organization, or individual in addition to the punishment of the offender.

Article 33 (Fines for Negligence)

(1) A person who fails to comply with an order of exit under Article 20 shall be punished by a fine for negligence not exceeding one million won.
(2) The fine for negligence prescribed in paragraph (1) shall be imposed and collected by a Labor Relations Commission as prescribed by the Presidential Decree.
(3) A person who is dissatisfied with the imposition of a fine for negligence under paragraph (2) may raise an objection to the Labor Relations Commission within thirty days from the date on which he/she is notified of the imposition.
(4) If a person on whom a fine for negligence is imposed pursuant to paragraph (2) raises an objection pursuant to paragraph (3), the Labor Relations Commission shall notify the competent court of the fact without delay, and upon receiving the notification, the competent court shall try the case of the fine for negligence under the Non-Contentious Case Litigation Procedure Act.
(5) If neither an objection is made nor the fine for negligence is paid within the period prescribed in paragraph (3), the fine for negligence shall be collected according to an example of the recovery of national taxes in arrears.
<This Article Newly Inserted by Act No. 8296, Jan. 26, 2007>

Enforcement Ordinance

This Act shall enter into force on January 1, 2008.

Article 1 (Enforcement Date)

This Act shall enter into force one month after its promulgation.

Articles 2 through 3 Omitted.

Article 4 (Revision of Other Acts)

(1) through (37) Omitted.
(38) Parts of the Labor Relations Commission Act shall be revised as follows：
“Minister of Labor” in Article 2 (2), Article 9 (2) and Article 11 (1) shall be changed to “Minister of Employment and Labor”.
“Minister of Labor” in Article 6 (3), (4) Article 14 (3) shall be changed to “Minister of Employment and Labor”.
“Ordinance of the Ministry of Labor” in Article 6-2 (2) shall be changed to “Ordinance of the Ministry of Employment and Labor”.
“Ministry of Labor” in Article 14 shall be changed to “Ministry of Employment and Labor”.
(39) through (82) Omitted.

Article 5 Omitted.