SECTION 1 General Provisions

Article 47 (Efforts for Voluntary Adjustment)

The provisions of this Chapter shall not prevent the parties to labor relations from deciding matters as to working conditions and other laborrelated matters through labor-management consultation or by collective bargaining or from adjusting disagreements in the labor relations between both parties or making every effort for such adjustment.

Article 48 (Obligations of Parties)

The parties to labor relations shall make efforts to stipulate in their collective agreement procedures and methods for labor-management consultation and other collective bargaining to maintain the reasonable labor relations, and shall make efforts to voluntarily resolve labor disputes, if any.

Article 49 (Duties of State, etc.)

The State and local governments shall, when there is any disagreement on labor relations between the parties concerned, prevent industrial actions, if possible, by helping them voluntarily adjusting such disagreement and shall make every effort to promptly and fairly resolve industrial disputes, if occurred.

Article 50 (Prompt Settlement)

The parties to labor relations, the Labor Relations Commission, and any other relevant agencies shall make efforts to promptly settle disputes, when they are engaged in adjustment of labor relations pursuant to this Act.

Article 51 (Priority Given to Public-service Businesses)

Adjustment of industrial disputes related to the State, local governments, state or local government-run enterprises, national defense businesses, or the public-service businesses shall be treated with priority and promptly.

Article 52 (Private Mediation and Arbitration)

(1) The provisions of Sections 2 and 3 shall not prevent the parties to labor relations from resolving industrial disputes through any other method of mediation or arbitration not falling under said Sections (hereafter referred to as the "private mediation, etc." in this Article) in accordance with mutual agreements or collective agreements.

(2) When the parties to labor relations decide to resolve a labor dispute pursuant to paragraph (1), they shall notify this fact to the Labor Relations Commission.

(3) When the parties to labor relations decide to resolve a labor dispute pursuant to paragraph (1), the provisions of the following subparagraphs shall apply:

1. Articles 45 (2) and 54, if resolving a labor dispute through mediation. In this case, the period of mediation shall begin from the date when that mediation is commenced;

2. Article 63, if resolving a labor dispute through arbitration. In this case, the prohibition period of industrial actions shall begin from the date when that arbitration is commenced.

(4) When mediation or arbitration is conducted pursuant to paragraph (1), the results of the mediation or arbitration shall have the same effect as that of a collective agreement.

(5) Any person who effects the private mediation, etc. shall be a person who holds the qualifications provided for in the provisions of each item of Article 8 (2) 2 of the Labor Relations Commission Act. In this case, any person who effects the private mediation, etc. may be paid service fee, allowance and travel expense by the parties to labor relations.

Enforcement Ordinance

SECTION 2 Mediation

Article 53 (Commencement of Mediation)

(1) The Labor Relations Commission shall commence the mediation without delay when any one of the parties concerned file an application for mediation of a labor dispute to said Commission, and both parties concerned shall undertake the proceedings of mediation with good faith.

(2) The Labor Relations Commission may arrange negotiations for smooth mediation and help the parties concerned independently settle their labor disputes even before an application is filed for the mediation of them pursuant to the provisions of paragraph (1).

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 54 (Period of Mediation)

(1) Mediation shall be completed within ten days in case of a general business, or within fifteen days in case of a public-service business, after a request for mediation as referred to in Article 53 is made.

(2) The period of mediation as referred to in paragraph (1) may be extended for not more than ten days in case of a general business, or not more than fifteen days for a public-service business.

Article 55 (Composition of Mediation Committee)

(1) A mediation committee shall be installed in the Labor Relations Commission for the mediation of labor disputes.

(2) A mediation committee as referred to in paragraph (1) shall be composed of three members.

(3) Mediation committee members as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from among the members of the Labor Relations Commission concerned so that each member may represent employers, workers, and public interests. The member representing workers shall be nominated from among the Labor Relations Commission members recommended by the employer, and the member representing the employer shall be nominated from among the Labor Relations Commission members recommended by the trade union: Provided, That when any party fails to present a list of members 3 days prior to the meeting of the mediation committee, the chairman of the Labor Relations Commission may nominate the members in question on his own.

(4) Where the chairman of the Labor Relations Commission finds it difficult to hold a meeting of the mediation committee pursuant to the provisions of paragraph (3) on the grounds that members who represent the workers or members who represent the employers fail to attend the meeting, the chairman of the Labor Relations Commission may designate three of the members who represent the public interest of the Labor Relations Commission as the mediation members: Provided, That where the members of the Labor Relations Commission are selected according to an agreement that is reached between both parties concerned, such members shall designated as the mediation members.

Article 56 (Chairman of Mediation Committee)

(1) A mediation committee shall have one chairman.

(2) The mediation committee member representing public interest shall be the chairman: Provided, That the chairman of the mediation committee provided for in the provisions of Article 55 (4) shall be elected from among the members of the mediation committee.

Article 57 (Mediation by Single Mediator)

(1) The Labor Relations Commission may, at the request of both parties of the parties concerned or with their agreement, authorize a single mediator to conduct mediation proceedings in place of the mediation committee.

(2) The single mediator under paragraph (1) shall be nominated by the chairman of the Labor Relations Commission concerned from among those commission members as agreed by both of the parties concerned.

Article 58 (Confirmation, etc. of Claims)

The mediation committee or the single mediator shall demand the both parties to attend a meeting with a fixed date so as to confirm the main points of their respective claims.

Article 59 (Prohibition of Attendance)

The chairman of the mediation committee or the single mediator may prohibit those persons other than the parties concerned from attending a meeting.

Article 60 (Preparation of Mediation Proposal)

(1) The mediation committee or the single mediator may prepare a mediation proposal, present it to the parties concerned, recommend them to accept it and simultaneously publicly announce it with the reasons, and may, if necessary, request the cooperation of the press or broadcasting companies to inform the public of the proposal.

(2) When it is deemed that there is no reason for the further continuance of mediation proceedings because the parties concerned refuse to accept the mediation proposal, the mediation committee or the single mediator shall decide to terminate mediation proceedings and shall notify the fact to the parties concerned.

(3) When, after the mediation proposal as referred to in paragraph (1) has been accepted by both parties concerned, there is any disagreement between them in interpreting it or acting upon it, the parties concerned shall request the mediation committee or the relevant single mediator to give a clarification as to how to interpret or act upon it.

(4) The mediation committee or the single mediator shall, upon receiving the request referred to in paragraph (3), provide them with its clear-cut opinion within seven days after the date of receipt of that request.

(5) The parties concerned shall not conduct any industrial action in connection with the interpretation or performance of the mediation proposal concerned, until views of the mediation committee or single mediator on the interpretation or performance methods as referred to in paragraph (3) and 4 is presented.

Enforcement Ordinance

Article 61 (Effect of Mediation)

(1) When the mediation proposal referred to in Article 60 (1) is accepted by the parties concerned, all the members of the mediation committee or the single mediator shall prepare a mediated agreement and shall affix their signs or their seals to the mediated agreement with the parties concerned.

(2) The contents of the mediated agreement shall have the same effect as that of a collective agreement.

(3) Views on the interpretation or performance methods presented by the mediation committee or the single mediator pursuant to Article 60 (4) shall have the same effect as that of an arbitration award.

Article 61-2 (Mediation after Decision Made to End Mediation)

(1) The Labor Relations Commission may mediate in order to settle any labor dispute even after a decision is made to end the mediation pursuant to the provisions of Article 60 (2).

(2) The provisions of Articles 55 through 61 shall apply mutadis mutandis to the mediation referred to in the provisions of paragraph (1).

[This Article Newly Inserted by Act No. No. 8158, Dec. 30, 2006]

SECTION 3 Arbitration

Article 62 (Commencement of Arbitration)

The Labor Relations Commission shall conduct arbitration in the case falling under any of the following subparagraphs:

1. When both of the parties concerned have requested an arbitration;

2. When any one of the parties concerned has requested an arbitration in accordance with the provisions of a collective agreement;

3. Deleted.

Enforcement Ordinance

Article 63 (Prohibition of Industrial Actions during Period of Arbitration)

Industrial actions shall not be conducted for fifteen days from the date when a labor dispute is referred to arbitration.

Article 64 (Composition of Arbitration Committee)

(1) The arbitration committee shall be established within the Labor Relations Commission for the arbitration or review of labor disputes.

(2) The arbitration committee as referred to in paragraph (1) shall be composed of three members.

(3) Those chosen by an agreement between the parties from among members representing public interests of the Labor Relations Commission shall be nominated as arbitration committee members as referred to in paragraph (2) by the chairman of the Labor Relations Commission: Provided, That where the parties concerned fail to reach an agreement, the chairman of the Labor Relations Commission shall nominate the arbitration committee members from among the members representing public interests of the Labor Relations Commission.

Article 65 (Chairman of Arbitration Committee)

(1) An arbitration committee shall have one chairman.

(2) The chairman of an arbitration committee shall be elected from among its members.

Article 66 (Confirmation, etc. of Claims)

(1) An arbitration committee shall demand one or both of the parties to attend the arbitration committee at a specified date so as to confirm the main points of their respective claims.

(2) Those who are nominated by the parties concerned from among members representing the employer or members representing workers of the Labor Relations Commission, may state their opinion at meetings of the arbitration committee with consent of that committee.

Article 67 (Prohibition of Attendance)

The chairman of the arbitration committee may prohibit those persons other than the parties concerned and relevant witness from attending its meetings.

Article 68 (Finality Award)

(1) An arbitration award shall be made in writing with the effective date specified.

(2) When there is any discrepancy in the opinions of the parties concerned in regard to the interpretation or performance methods of the arbitration award as referred to in paragraph (1), the interpretation of the arbitration committee concerned shall prevail and have the same effect as that of an arbitration award.

Enforcement Ordinance

Enforcement Ordinance

Article 69 (Finalization of Arbitration Award, etc.)

(1) When the parties concerned consider that an arbitration award rendered by a Regional Labor Relations Commission or a Special Labor Relations Commission is inconsistent with any Act or subordinate statute or ultra vires, they may apply for review of the arbitration award to the National Labor Relations Commission within ten days from the date of receipt of the award of arbitration.

(2) When the parties concerned consider that an arbitration award rendered by the National Labor Relations Commission or its decision on review referred to in paragraph (1) is inconsistent with any Act or subordinate statute or ultra vires, they may, notwithstanding the provisions of Article 20 of the Administrative Litigation Act, institute an administrative suit against the National Labor Relations Commission within fifteen days from the date of receipt of the award of arbitration or the decision on review.

(3) When the parties concerned neither apply for review nor institute an administrative suit within the period under paragraphs (1) and (2), the arbitration award or the decision on review originally rendered by the Labor Relations Commission concerned shall be final and decisive.

(4) When the arbitration award or the decision on review has been final and decisive pursuant to paragraph (3), the parties concerned shall comply therewith.

Article 70 (Effect of Arbitration Award, etc.)

(1) The contents of the arbitration award provided for in the provisions of Article 68 (1) shall have the same effect as that of a collective agreement.

(2) The effect of the arbitration award or the decision on review, which are handed down or made by the Labor Relations Commission, shall not be suspended by any review application filed to or any administrative suit instituted against the National Labor Relations Commission pursuant to Article 69 (1) and (2).

[This Article Wholly Amended by Act No. 8158, Dec. 30, 2006]

SECTION 4 Special Provisions for Adjustment in Public-service Businesses, etc.

Article 71 (Scope, etc. of Public-Service Businesses)

(1) For purposes of this Act, the term "public-service businesses" refers to businesses falling under any of the following subparagraphs, all of which are closely related to daily life of the public at large or have enormous effect on the economy of a nation:

1. Passenger transport business and airline business for regular routes;

2. Tap-water business, electricity business, gas business, petroleum refinery business and petroleum supply business;

3. Public sanitation business, medical service business and blood supply business;

4. Banking and mint business;

5. Broadcasting and telecommunications businesses.

(2) For purposes of this Act, the term "essential public-service businesses" refers to the following public-service businesses, which are referred to in paragraph (1) whose interruption or discontinuation shall cause conspicuous threats to daily life of the public at large or the national economy, and whose replacement is not easy:

1. Railway business, urban subway business and air transport business;

2. Tap-water business, electricity business, gas business, petroleum refinery business and petroleum supply business;

3. Hospital business and blood supply business;

4. Bank of Korea business;

5. Telecommunications businesses.

Article 72 (Organization of Special Arbitration Committee)

(1) A special arbitration committee shall be established within the Labor Relations Commission for the arbitration of labor disputes in public-service businesses.

(2) The special arbitration committee as referred to in paragraph (1) shall be comprised of three special arbitration members.

(3) The members of the special arbitration committee as referred to in paragraph (2) shall be nominated by the chairman of the Labor Relations Commission from among four to six members representing public interests of the Labor Relations Commission, who survive after the trade union and the employer, by turns, exclude the eligible members one by one: Provided, That where the parties concerned recommend those who are not the members of the Labor Relations Commission by agreement, the chairman of the Labor Relations Commission shall nominate those recommended non-members as the members of the special arbitration committee.

Enforcement Ordinance

Article 73 (Chairman of Special Arbitration Committee)

(1) There shall be a chairman in a special arbitration committee.

(2) The chairman of the special arbitration committee shall be elected from among the members of the special arbitration committee who are members representing public interests of the Labor Relations Commission, and when the committee is composed of those persons alone other than the members of the Labor Relations Commission, the chairman of the special arbitration committee shall be elected from among such noncommission persons: Provided, That where only one member of the special arbitration committee is a member representing public interests of the Labor Relations Commission, the person shall be the chairman.

Article 74 Deleted.

Article 75 Deleted.

SECTION 5 Emergency Adjustment

Article 76 (Decision of Emergency Adjustment)

(1) The Minister of Employment and Labor may make a decision to conduct an emergency adjustment of any industrial action, when it is related to a public-service business or is likely to impair the national economy or endanger citizens's daily lives because of its large scale and specific nature.

(2) When the Minister of Employment and Labor intends to make a decision to conduct an emergency adjustment, he shall hear the opinion of the chairperson of the National Labor Relations Commission in advance.

(3) When the Minister of Employment and Labor has made a decision to conduct an emergency adjustment pursuant to paragraphs (1) and (2), he shall, without delay, publicly announce his decision with the reasons therefor specified and shall also notify the National Labor Relations Commission and relavant parties of such fact.

Enforcement Ordinance

Article 77 (Suspension of Industrial Actions During Emergency Adjustment)

When a decision to conduct an emergency adjustment as prescribed in Article 76 (3) is publicly announced, the parties concerned shall immediately suspend any industrial action, and no industrial action shall not resume it until thirty days have passed from the announcement date of that decision.

Article 78 (Mediation by National Labor Relations Commission)

The National Labor Relations Commission shall, without delay, commence the procedure of mediation when the Commission has been notified pursuant to Article 76 (3).

Article 79 (National Labor Relations Commission’s Authority to Refer Dispute to Arbitration)

(1) If deemed that mediation as referred to in Article 78 is unlikely to be proceeded with, the chairman of the National Labor Relations Commission shall, upon hearing the opinions of its members representing public interests, decide whether or not to refer the case in question to arbitration.

(2) A decision as referred to in paragraph (1) shall be made within fifteen days from the date when it has been notified pursuant to Article 76 (3).

Article 80 (Arbitration by National Labor Relations Commission)

The National Labor Relations Commission shall conduct arbitration without delay, if one or both of the parties concerned request to do so or if the Commission has decided to refer the case to arbitration pursuant to Article 79.