LABOR RELATIONS COMMISSION ACT [See entire ACT]
CHAPTER Ⅳ Authority
- 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
- Article 11 (Reimbursement of Expenses)
Any person who attends a meeting of the Labor Relations Commission pursuant to of Article 23 (3) of the Act shall, by the application mutatis mutandis of the Regulations on Travel Expenses for Public Officials, be reimbursed for the expenses incurred.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
Enforcement Ordinance
- Article 11-2 (Management of Sensitive Information and Unique Identifying Information)
The Labor Relations Commission may, where it is inevitable for the conduct of the following affairs, deal with information on health referred to in Article 23 of the Personal Information Protection Act, information on criminal record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the said Act, and documents which include resident registration number or alien registration number referred to in subparagraph 1 or 4 of Article 19 of the said Decree:
1. Affairs concerning the handling of cases by the Labor Relations Commission pursuant to Article 3 of the Act;
2. Affairs concerning recommendation, proposal, and commission of the members of the Labor Relations Commission pursuant to Article 6 of the Act;
3. Affairs concerning the relief of rights by attorneys-at-law or certified public labor attorneys by proxy pursuant to Article 6-2 of the Act;
4. Affairs concerning advice, etc. of reconciliation pursuant to Article 16-3 of the Act;
5. Affairs concerning the exclusion, challenge, etc. of members pursuant to Article 21 of the Act.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
- 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.
