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]