1. Introduction (Purpose)
The Labor Relations Commission is established both to identify unfair dismissals and unfair labor practices in labor relations and to implement adjustments for disputes between company and labor union interests promptly and fairly. As these labor disputes are dynamic, continuous, and collective, if administrative agencies or courts were the only organizations to handle them, fair, prompt, and reasonable solutions would be difficult to expect, 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 and promptly. Here, I would like to review the composition of the Mediation Committee within the Labor Relations Commission: what issues they handle, the procedures they follow, and the outcomes.

2. Summary
The Mediation Committee refers to public mediation that both parties shall go through before the labor union takes industrial action (Article 45 of the Labor Union Act). The term “labor disputes” in the Labor Union Act means any controversy or difference arising from disagreement between the employer and the labor union concerning the determination of terms and conditions of employment such as wages, working hours, welfare, dismissal, or other treatment, etc. Accordingly, the Mediation Committee in the Labor Relations Commission shall deal with disputes concerning each party’s interests, but disputes related to each party’s rights shall not be subject to bargaining or mediation procedures.
3. Composition of Mediation Committee
The Mediation Committee shall be composed of three members (an employer representative, employee representative, and a public interest representative. The Mediation Committee members shall be designated by the Chairperson of the Labor Relations Commission from among members of the Labor Relations Commission concerned so that each Mediation Committee member can represent employers, workers, and the public interest. The employee representative shall be chosen from a list recommended by the employer, and the employer representative shall be shall be chosen from a list recommended by the labor union. However, in cases where a list of recommended Mediation Committee members is not submitted within three days prior to a meeting of the Mediation Committee, the Chairperson may designate the members him or herself. The Chairperson of the Mediation Committee shall be the public interest representative. Special Mediation Committees shall be composed of three public interest representatives.
4. Procedures for Mediation

< Procedures for Mediation >

Labor Union
Failure to reach agreement
Employer







↓



1) Application for mediation (by either party)





↓





2) Advance Investigation (by inspector)





↓





3) Mediation Committee set up




















Mediation Committee (for general purposes)


Special Mediation Committee
(public services, essential public services)

1 employer representative, 1 employee representative, 1 public interest representative
※The employer representative and the employee representative are cross-recommended.


Made up of 3 public interest representatives
in charge of mediation
※ To be chosen by the Chairman among
the 4~6
public interest representatives not excluded
by either employer or labor union













↓





4) Mediation draft prepared (by investigator)





↓





5) Advance mediation



○ Interview with both parties: labor and management (Listening to both parties’ views)
○Interviewswitheachpartyseparately





↓





6) Mediation Committee meeting (all committee members participate)



○ Meeting opened, participants confirmed, and committee members introduced
○Investigator:summaryofmajordispute(s)
○,VoicingofopinionsfrombothpartiesandCommitteeQ&Asession
























① Mediator’s proposal

② Discontinuance of mediation

③ Administrative guidance

Takes effect upon acceptance by both parties.

If the employer and the union are divided greatly on the issue, the process ends with no proposal being made.

For mediation that concerns
a matter not subject to
mediation.



< Mediation Committee Activities>

①Suggested
proposal
Accepted by both parties
Mediated
agreement (Yes)
Mediation done
Rejected by one or both parties
Mediated agreement
(No)
Industrial action
possible
No proposal
② Mediation
stopped
Apparent
disagreement
Collective
Agreement (No)
Industrial action possible
③
Administrative
Order:
no mediated
agreement (return)
No eligible
party
Return
Industrial action
impossible
No justification for
Industrial action
Return
Industrial action
impossible
Lack of
bargaining
(not due to
disagreement)
Employer side reason
Industrial action
possible
Employee side reason
Industrial action
impossible

(1) Mediation Activities
The Mediation Committee or a single mediator, as the case may be, shall specify a date for the parties concerned to appear so as to verify the main points of their respective claims. The Chairperson of the Mediation Committee may restrict attendance to the hearing to the parties concerned and witnesses. The Mediation Committee shall prepare a proposal to be presented to the parties concerned, with recommendation for their acceptance. If the Mediation Committee determines that further proceedings are not warranted due to the parties' refusal to accept the proposal, it shall terminate mediation and notify the parties concerned. If an application for mediation is determined as unsuitable for mediation or arbitration, the Labor Relations Commission shall inform the applicant of the reasons for rejection of the application and other possible courses of action (Administrative order).
(2) Interpretation and Implementation of the Mediation Committee Proposal
If the parties concerned, after accepting the Mediation Committee proposal, do not agree on any of the interpretation or implementation measures of the proposal, they shall request the Mediation Committee to provide clarity. Upon receiving such a request, the Mediation Committee shall clarify the measures within seven days of the date of receipt of such request. None of the parties concerned shall conduct industrial action on issues for which clarity on interpretation or implementation has been requested, until such clarity is rendered by the Mediation Committee.
(3) Effect of Mediation Committee Proposal
If the parties accept the Mediation Committee proposal, all members of the Mediation Committee shall prepare the mediated agreement in writing, and sign or seal it together with the parties concerned. The labor disputes shall be considered resolved, and the mediated agreement shall have the same effect as a collective agreement. Clarity on the interpretation and implementation measures rendered by the Mediation Committee shall have the same effect as an arbitration ruling.