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]