Discrimination Correction System

Correction Request
  • If a non-regular employee, such as fixed-term, part-time or temporary agency worker has received discriminatory treatment without legitimate reasons regarding wages or other working conditions, he/she may file a request for correction with the competent RLRC within 6 months since the discriminatory treatment occurred (or since such treatment ended in cases of continuous discrimination).
  • The coverage of this system was expanded to include firms with 5 employees or more from July 1, 2009.
The number of Officials
Coverage Application Period
Public sector and firms with 300 full-time workers from July 1, 2007
Firms with no fewer than 100 but no more than 300 or more full-time workers from July 1, 2008
Firms with no fewer than 5 but no more than 100 full-time workers from July 1, 2009
  • ※ According to the amended 「Act on the Protection, etc. of Fixed-Term and Part-Time Employees」 and 「Act on the Protection, etc. of Dispatched Workers」, the labor inspectors of regional employment and labor offices are authorized to supervise discrimination starting from August 2, 2012 ; and employees may report any discrimination cases to regional employment and labor offices.
Discrimination Correction Procedure

Formation of a Committee and investigation into facts

  • When a non-regular employee who has been discriminated against in terms of wages or working conditions compared to regular employees requests a discrimination correction to the LRC, the relevant LRC will compose a discrimination correction committee with 3 public interest commissioners and find the facts through investigators in charge.

Hold a meeting for interrogation

  • The public interest commissioners, the employee commissioner, and the employer commissioner in charge of discrimination correction will verify the facts of the case while in presence, through the statements of the parties concerned, witnesses, and testifies.

Hold a meeting for decision

  • By referring to the opinions of the employee commissioner and the employer commissioner present at the meeting for interrogation before adjudication, the committee orders discrimination correction if the request for discrimination correction is reasonable and turns down the request if it is unreasonable.
Monetary Compensation Order System (enforced on Sept. 19 2014)
  • In the case where it is recognized that an employer discriminated against his/her workers on purpose or if such acts are repeated, the employer is ordered to make monetary compensation worth no more than 3 times the damages incurred on workers.
Mediation and Arbitration of Discrimination Correction
  • The mediation procedures may commence with the authority of the committee or by the request of either party or both parties concerned during the interrogation of a case. When the parties concerned apply for arbitration after reaching an agreement to comply with the arbitration rulings of the LRC, the arbitration procedures may begin.
  • When both parties concerned accept the mediation proposal, or arbitration rulings are made, the medication or arbitration ruling have the same effect as the court settlement stipulated by the Civil Procedure Act.
  • When mediation is not achieved, interrogation and adjudication procedures will be carried on by the discrimination correction committee.
Appeal Procedures
  • Identical with the adjudication appeal procedures.
    ※ The Minister of Employment and Labor imposes a fine of 100 million won or less on the employer when he/she fails to carry     out a corrective order finalized through the insubordination procedures.

Procedures for Discrimination Correction Request

Procedures for Discrimination Correction Request 이미지

Providing Free Legal Service for Remedies

Free legal service by Certified Labor Affairs Consultant
  • Details:
    Providing a legal representative for remedies against unfair labor practices, such as unfair dismissals, for employees with average monthly wage below 2 million won.
  • Enforcement date: February 28, 2008.
  • Coverage:
    Cases related to final ruling, decision, approval, acknowledgment, or discrimination correction, handle by LRC's(Article 2-2 of the Labor Relations Commission Act).
  • Range of the proxy:
    Completing a statement of reason for the remedy request, filling out a written answer, attending the meeting for interrogation, making a statement, making a settlement or consent.

Procedures for Discrimination Correction Request 이미지