Adjudication

Adjudication of Unfair Dismissal and Unfair Labor Practices

Cases for Adjudication
  • Unfair Dismissal, etc:
    An employee may request a remedy to the competent RLRC when he/she becomes subject to unreasonable disciplinary measures such as dismissal, leave of absence, suspension from office, transfer, or wage cuts.
  • Unfair Labor Practices:
    An employee or labor union may request a remedy to the competent RLRC when they were given disadvantages, such as dismissal for legitimate labor union activities, or when their rights to organize, bargain collectively and take collective actions are violated, for example, through employers’ refusal to collective bargaining or control and interference.
How to Make a Remedy Request
  • The employees or the labor unions should submit a remedy request to the competent RLRC indicating employer’ name and address, and detailed complain on unfair labor activities (unfair dismissal, etc.) with supporting evidence within 3 months from the date on which the unfair dismissal or labor practices occurred (in the case of repeated unfair practices, from the date on which they ended).
Types of Unfair Labor Practices
(Article 81 of the Trade Union and Labor Relations Adjustment Act )
  • Dismissing employees or giving them disadvantages on grounds of union membership.
  • Including union membership or non-membership as a condition of employment.
  • Refusing or delaying collective bargaining for no legitimate reasons.
  • Employer control and interference in labor unions, and paying wages to full-time union officers and giving aid for union       operation costs.
  • Giving disadvantages to workers on grounds of their participation in lawful collective activities, reporting or testifying violations       of laws by employers.

Case Handling Procedures

Case Handling Procedures 이미지

Meeting for Interrogation
  • After the examination of facts is complete, the interrogation date is fixed and then meeting is held, usually requiring both parties to attend, but if one party is absent without a legitimate reason, the meeting will be held with only the other party present.
    ※ If the applicant is absent 2 or more times even after notification, the petition may be turned down.
  • Three public interest commissioners, 1 employee commissioner and 1 employer commissioner attend the meeting and interrogate witnesses and the parties concerned.
    ※ The parties should answer briefly and to the point. The parties get an opportunity to make additional comments through a final statement before the closing of the interrogation.
Meeting for Decision
  • The decision meeting opens with the participation of 3 public interest commissioners, and the decision is made with approval from the majority of the commissioners in presence.
    ※ In advance to the decision meeting, the commissioners should get opinions from employee and employer commissioners who have attended the interrogation meeting.
  • Decisions are divided into Dismissal (if the application requirements are not meet clearly), remedy order (if all or part of the application has reasonable grounds), and rejection (if remedy application does not have any reasonable grounds). Matters of decisions need to be written in minutes and be signed and sealed by each commissioner.
Processing Period
  • Remedy request cases against unfair dismissal, etc.: An interrogation meeting will be held within 60 days from the application date (when the handling is delayed due to heavy workload or busy schedule, the LRC notifies the delay of its process to the parties concerned), and after the meeting, the statement of decision is sent within 30 days from the final decision date.
Other Adjudication Cases
Cases Requested by the Parties Concerned
  • The interpretation of collective bargaining agreements and suggestion on how to implement to the agreement.
  • Arbitration regarding the rupture, interpretation, and implementation of the agreement of the Labor Management Council.
  • Determining whether to compensate for damages caused by violation of working conditions.
  • Approval on paying work-suspension allowance.
  • Recognizing exceptions in compensations for temporary closure or industrial accidents.
  • Inspecting or arbitrating on compensations for industrial accidents.
Cases of In-advance Determination Requested by an Administrative Office
  • Designating a person with the authority to session a special convention or a labor union congress.
  • Ordering correction of labor union's constitutions.
  • Ordering correction of the determination or measures made by labor union.
  • Determining the dissolution of labor unions.
  • Ordering correction of the collective agreement.
  • Deciding on the geographical binding power of collective agreements.
  • Notifying suspension, making an in-advance determination, or approving later the notification of suspension of industrial action conducted to stop, or interrupt the normal operation of security facilities of a workplace.
Appeal Request
  • It is possible to request a retrial within 10 days to the NLRC when one or both parties disagree with the RLRC's ruling.
    ※ Requests can be made by post or fax, online, or visiting the NLRC.
  • When requesting a retrial, members of the parties concerned must fill out an application form with the application reason, purpose, and the initial RLRC ruling paper and send them directly to the NLRC.
    ※ Requests that were not made in the initial adjudication cannot be added in the retrial.
Appeal with the Retrial Rulings
  • The parties concerned may file administrative litigation with the Seoul Administrative Court or the Daejeon Administrative Court within 15 days of receiving retrial rulings documents.

Process of remedies of unfair dismissal or unfair labor practices

Case Handling Procedures 이미지

Settlement / Reconciliation
  • The LRC makes various efforts for judicial remedy by promoting a reconciliation between labor and management, so that they can quickly resolve conflicts autonomously.
  • Reconciliation settlement has the effects of judicial compromise (the same as a final ruling) according to Article 220 of the Civil Proceedings Act (Article 16-3(5) of the Labor Relations Commission Act).
  • The LRC actively encourages a reconciliation from the investigation stage. When reconciliation efforts fail, commissioners have to make a strong recommendation for reconciliation settlement at the meeting for interrogation.
    ※ Cases for Settlement: cases of unfair labor practices including unfair dismissal, etc. (Article 16, Paragraph 3, Clause 1, the law of the LRC)
Monetary Compensation Order System
  • Under the monetary compensation order system, a worker is provided with monetary compensation worth his wage or more in the case where the worker was dismissed unfairly but refuses reinstatement (limited to cases where the dismissal is recognized as unfair).
Penalty for Compulsory Compliance
  • 20 million won or less will be imposed on an employer if he/she fails to carry out the remedy order for unfair dismissals, etc. within the execution period (regardless of his disagreement and request for a retrial or administrative appeal), and continued noncompliance will result in fines twice a year for up to 2 years repeatedly.
  • Non-compliance with the remedy order, such as rulings on unfair dismissal, may be subject to criminal prosecution.
    - The parties concerned may file a complaint against, the employer when he/she fails to comply with the finalized remedy order against unfair labor practices.
  • The NLRC may request the court to order an immediate compliance to employers who do not follow remedy orders against unfair labor practices.
    - Where the employer does not comply with the NLRC’s remedy order against unfair labor practices and has filed administrative litigation, the competent court may order compliance with the NLRC’s remedy order in full or in part until the final rulings.