1. Introduction
If an employer dismisses, lays off, suspends, or transfers a worker, or reduces wages, or takes other punitive actions against a worker without justifiable reason, the worker may apply to the Labor Relations Commission for remedy. In addition, any labor union whose rights have been infringed by unfair labor practices may also do so (Article 28 of the LSA, Article 28 of the Union Act).
As these labor disputes are dynamic, continuous, and collective, administrative agencies or courts cannot always be expected to handle them fairly, promptly, and reasonably, due to the inflexibility of bureaucracy and lack of experience of some agencies. The Labor Relations Commission is an independent administrative agency that has the authority and the ability to resolve labor disputes fairly, promptly, and in a way that is appropriate to the professional situation at hand. Here, I would like to review the quasi-judicial functions within the Labor Relations Commission, their procedures and operations, and the outcome of its decisions.
2. Organizational structure of the Labor Relations Commission and its judicial functions
The Labor Relations Commission has an organizational structure in response to local administration. The National Labor Relations Commission covers the entire country, while 13 district Labor Relations Commissions cover the capital, the metropolitan cities and the provinces. The National Labor Relations Commission can approve, cancel, or change the decisions of the district Labor Relations Commissions. The judicial arm of the Labor Relations Commission is composed of three public interest committee members (including a chairperson or one standing commissioner) and one worker and one employer committee member.
3. Procedures of the judicial arm
The Labor Relations Commission reviews applications and admits, rejects or cancels labor cases, determines the eligibility of the parties involved, investigates, conducts interviews and holds judgment hearings within 60 days after the initial application date.
(1) Applications for Remedy
If an employer dismisses or treats a worker unfairly, the worker may apply to the Labor Relations Commission for remedy. This application for remedy shall be made within three months from the date on which the unfair dismissal and/or related actions took place (or from the date of termination in cases where such activities continue). The worker must apply for remedy with the Labor Relations Commission nearest his/her workplace regarding unfair dismissal or unfair labor practice.
(2) Investigation
The Labor Relations Commission shall, without delay, conduct necessary investigations and inquiry of the parties concerned, upon receipt of an application for remedy. The Labor Relations Commission shall ① designate an investigator responsible for the process of investigation, ② demand the applicant submit evidence of the reason(s) for the application, ③ deliver a copy of the application for remedy or statement of reasons to the employer, and give opportunity for rebuttal and associated evidence to explain the employer’s actions, and, ④ if necessary, order the parties, witnesses or other related persons to attend a hearing and give their testimonies. Further investigation will then be carried out as deemed necessary (Article 45 and 46 of the Implementation Rules of the LRC Act).
《Process for Applications for Remedy with the Labor Relations Commission》
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60 days
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↓ Receipt of application for remedy
Case number assigned;
Investigator designated

⇓
Review of jurisdiction ⇒ Transfer
⇓
Plans made on processing the case
Worker notified of case filing; Opportunity given to employer for rebuttal

⇓
Eligibility of application reviewed (Case ineligible: investigation stopped)
⇒ Judgment hearing
Exclusion period, eligibility of parties, etc. Rejection
⇓
Facts investigated
Carry out investigations at the Commission and at-location, etc.
Report on findings
⇓
Hearing

Interview parties and witnesses
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30 days
↓ Judgment hearing
⇓
Verdict delivered
Order for remedy Cancellation or rejection
(No implementation)
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Enforcement /
Procedures for appeal Introduce the procedures for appeal of rejection
Enforcement levy (Appeal) ⇓ (Accept)=======⇒ Judgment confirmed
⇓
(Failure to implement)
⇐ Procedures for appeal
(Same as the first hearing)
(Appeal) ⇓ (Accept)=======⇒
Administrative court ⇓
Verdict changed (Judgment confirmed)
⇐ Seoul Administrative Court
Seoul High Court
Supreme Court
Accusation
(in cases where remedy application is not enforced)

Cancel enforcement levy


(3) Hearing
The Labor Relations Commission shall hold a hearing within 60 days from the date the application was received. This hearing is to review documented evidence both parties have submitted, and information gathered during investigation, and then decide whether unfair dismissal or unfair labor practice actually took place. The committee members (public-interest, worker and employer representative members) assigned to the case shall attend the hearing, have both parties verify their claims, and interview witnesses and other related persons. At the judgment hearing right after the hearing, the public interest committee members shall decide whether unfair dismissal or unfair labor practice took place. The worker and employer committee members may also interview the parties to the case and witnesses, and give their opinions before the public interest committee members give their decision during the judgment hearing.

1) Regarding decisions disadvantageous to certain personnel such as dismissal, the first burden of proof is on the employer to verify whether the worker committed a particular action, whether such action violated the Rules of Employment, and whether the disciplinary action, severity and suitability of punishment is justified. Regarding unfair labor practice, the first burden of proof is on the worker and the labor union to verify the employer's intention to commit the unfair labor practice, unfair treatment, and/or the existence of domination and interference. (Supreme Court ruling on Aug 14, 1992, 91da29811)
2) However, regarding an employer's statements of reasons for decisions disadvantageous to certain personnel such as dismissal, the burden of proof then falls on the work