Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

Which court has jurisdiction in employment matters under local law?

Article 2-2 (Business Affairs Falling under Jurisdiction of Labor Relations Commissions), Labor Relations Commission Act, as last amended by Act No. 13904, Jan. 27, 2016

Since labor issues are civil one, employment matters are under jurisdiction of civil court.

In addition, there is a quasi-judicial organization, Labor Relations Commission under the Ministry of Employment to deal with labor issues quickly because to protect the right of employees, to resolve employment matter promptly is important.

*Labor Relations Commission Act

Article 2-2 (Business Affairs Falling under Jurisdiction of Labor Relations Commissions)

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, etc. of Fixed-Term and Part-Time Workers, and the Act on the Protection, Etc. of Temporary Agency Workers;

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 by Act No. 13044, Jan. 20, 2015]

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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