Article 8 (Prohibition of Discriminatory Treatment)

(1) No employer shall give discriminatory treatment to any fixed-term employee on the ground of his or her employment status compared with other employees engaged in the same or similar kinds of work on a non-fixed term employment contract at the business or workplace concerned.

(2) No employer shall give discriminatory treatment to any part-time employee on the ground of his or her employment status compared with full-time employees engaged in the same or similar kinds of work at the business or workplace concerned.

Article 9 (Application for Correction of Discriminatory Treatment)

(1) Any fixed-term or part-time employee who has received discriminatory treatment may file a request for its correction with the Labor Relations Commission under Article 1 of the Labor Relations Commission Act (hereinafter referred to as the "Labor Relations Commission"): Provided, That this shall not apply where six months have passed since such discriminatory treatment occurred (in cases of continuous discriminatory treatment, since such treatment ended).

(2) If a fixed-term or part-time employee files a request for correction under paragraph (1), he or she shall clearly state details of the relevant discriminatory treatment.

(3) Necessary matters concerning the procedures for and methods of the filing of a request for correction prescribed in paragraphs (1) and (2) shall separately be determined by the National Labor Relations Commission under Article 2 (1) of the Labor Relations Commission Act (hereinafter referred to as the "National Labor Relations Commission").

(4) With regard to disputes arising in connection with Article 8 and paragraphs (1) through (3) of this Article, the burden of proof shall be upon employers.

Article 10 (Investigation and Inquiry)

(1) Each Labor Relations Commission that has received a request for correction under Article 9 shall conduct, without delay, necessary investigations and inquiries into the parties concerned.

(2) When any Labor Relations Commission conducts an inquiry pursuant to paragraph (1), it may have a witness attend the inquiry upon request of the parties concerned or ex officio, to ask necessary questions.

(3) In conducting an inquiry pursuant to paragraphs (1) and (2), each Labor Relations Commission shall give sufficient opportunities for the parties concerned to present evidence and cross-examine witnesses.

(4) Necessary matters concerning the methods and procedures for investigations and inquiries prescribed in paragraphs (1) through (3) shall be determined separately by the National Labor Relations Commission.

(5) Any Labor Relations Commission may have expert members to conduct professional surveys or research on the business of correcting discrimination. In such cases, necessary matters concerning the number, qualification requirements, remunerations, etc. of such expert members shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 11 (Mediation and Arbitration)

(1) Any Labor Relations Commission may commence mediation procedures upon request of both or either of the parties concerned or ex officio, during the course of an inquiry under Article 10 and may conduct arbitration if the parties concerned agree to follow an arbitration award rendered by the Labor Relations Commission and file for arbitration with the Commission.

(2) Each request for mediation or arbitration under paragraph (1) shall be filed within 14 days from the date of the request for correction of discriminatory treatment under Article 9: Provided, That any request for mediation or arbitration may be filed after such 14 days where the competent Labor Relations Commission approves such request.

(3) Each Labor Relations Commission shall take time to hear the opinions of the parties concerned when conducting mediation or arbitration.

(4) Each Labor Relations Commission shall present mediatory suggestions or render an arbitration award within 60 days from the date of the commencement of mediation procedures or from the receipt of a request for arbitration unless there is a compelling reason not to do so.

(5) If both parties concerned accept mediatory suggestions, the competent Labor Relations Commission shall prepare a mediation protocol; and if it renders an arbitration award, it shall prepare a written arbitration award.

(6) A mediation protocol shall be signed and sealed by the parties concerned and all members involved in the mediation, whereas a written arbitration award shall be signed and sealed by all members involved.

(7) A mediation or arbitration award under paragraphs (5) and (6) shall have the same validity as a settlement in litigation under the Civil Procedure Act.

(8) Matters concerning mediation and arbitration methods, preparation of mediation protocols or written arbitration award, etc. under paragraphs (1) through (7) shall be determined by the National Labor Relations Commission.

Article 12 (Corrective Orders)

(1) Where any Labor Relations Commission determines that the treatment in question is discriminatory after completing an investigation and inquiry under Article 10, it shall issue a corrective order to the employer; and where it determines that the treatment in question is not discriminatory, it shall make a decision to dismiss the request for correction.

(2) Any determination, corrective order, or decision of dismissal under paragraph (1) shall be made in writing and addressed to the respective parties together with the detailed reasons therefor. In such cases, when issuing a corrective order, the Labor Relations Commission shall explicitly enter details of such corrective order, compliance period, etc.

Article 13 (Details of Mediation, Arbitration, or Corrective Order)

(1) Details of mediation or arbitration under Article 11 or of a corrective order under Article 12 may include suspending discriminatory actions, improving working conditions (including an order to improve institutions such as employment regulation, collective agreement, etc.), such as wages, and making adequate monetary compensation.

(2) The monetary compensation under paragraph (1) shall be determined based on the amount of damages sustained by any fixed-term employee or any part-time employees as a result of discriminatory treatment: Provided, That the Labor Relations Commission may order monetary compensation within the scope not exceeding three times the amount of the damages in cases where clear willfulness is recognized in the discriminatory treatment by an employer or the discriminatory treatment occurs repeatedly.

Article 14 (Confirmation of Corrective Order)

(1) Any party who is dissatisfied with a corrective order or decision of dismissal rendered by any Regional Labor Relations Commission may request the National Labor Relations Commission to retry the case within 10 days after he or she is notified of such corrective order or decision of dismissal.

(2) Any party who is dissatisfied with a decision on a retrial made by the National Labor Relations Commission pursuant to paragraph (1) may file an administrative lawsuit within 15 days after he or she is notified of such decision on retrial.

(3) Where no request for retrial is made within the period prescribed in paragraph (1) or no administrative lawsuit is filed within the period prescribed in paragraph (2), the relevant corrective order, decision of dismissal, or decision on retrial shall become final and conclusive.

Article 15 (Request for Submission of Compliance Report on Corrective Order)

(1) With regard to any confirmed corrective order, the Minister of Employment and Labor may require the relevant employer to submit a compliance report.

(2) Any employee who has filed a request for correction may report his or her employer's failure to comply with a confirmed corrective order to the Minister of Employment and Labor.

Article 15-2 (Minister of Employment and Labor's Request for Correction of Discriminatory Treatment)

(1) Where any employer gives discriminatory treatment in violation of Article 8, the Minister of Employment and Labor may request the correction thereof.

(2) Where any employer fails to comply with a request for correction under paragraph (1), the Minister of Employment and Labor shall notify the Labor Relations Commission of the details of the discriminatory treatment at issue. In such cases, the Minister of Employment and Labor shall notify the relevant employer and employee of such fact.

(3) Where the Labor Relations Commission is notified of such fact by the Minister of Employment and Labor in accordance with paragraph (2), it shall, without delay, examine whether the discriminatory treatment at issue was actually given. In such cases, the Labor Relations Commission shall provide the relevant employer and employee with an opportunity to present their opinions.

(4) Articles 9 (4) and 11 through 15 shall apply mutatis mutandis to the Labor Relations Commission's examination under paragraph (3) and other correction procedures. In such cases, the "date of the request for correction of discriminatory treatment" shall be construed as the "date of the receipt of notification"; "decision of dismissal" as "decision of no discriminatory treatment"; "parties concerned" as "relevant employer or employee"; and "employee who has filed a request for correction" as "relevant employee".

(5) Matters relating to the Labor Relations Commission's examination, etc. under paragraphs (3) and (4) shall be determined by the National Labor Relations Commission.

[This Article Newly Inserted by Act No. 11273, Feb. 1, 2012]

Article 15-3 (Extension of Confirmed Corrective Orders)

(1) The Minister of Employment and Labor may investigate discriminatory treatment of fixed-term or part-time employees for the business or in the workplace of the employer who is in duty to perform the confirmed corrective order under Article 14 (including the cases applied mutatis mutandis under Article 15-2 (4)), other than the employees who are under the umbrella of the relevant corrective order, and request correction when discriminatory treatment is found.

(2) Article 15-2 (2) through (5) shall apply mutatis mutandis where any employer fails to respond to the request for correction under paragraph (1).

[This Article Newly Inserted by Act No. 12469, Mar. 18, 2014]