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Administrative Litigation

Duty and Responsibility Administrative Litigation

Administrative Litigation

The tasks of the LRC including mediation, adjudication, etc. of labor disputes are basically an administrative action carried out by an administrative agency. An administrative litigation can be filed against administrative dispositions including adjudication, decision, arbitration award, etc. in order to seek their revocation. 
The administrative litigation is based on the Administrative Litigation Act. However, the Labor Relations Commission Act (LRCA), the LSA, etc. have separate provisions regarding the major functions of the LRC. In other words, Article 3 of the LRCA has the NLRC handle a review case concerning a disposition by the LRC or SLRC, while Article 27 of the same act makes it possible to file an administrative litigation against the disposition of the NLRC. The litigation against an NLRC disposition should be filed within fifteen days from the date of service of the disposition, holding the NLRC Chairman as a defendant (LRCA, Article 27, Para. 1 and 3).
Administrative litigation has a positive aspect that the rights of the parties concerned can be faithfully protected and more careful decisions can be made, but there is also a negative aspect that disputes can be prolonged.