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LABOR RELATIONS COMMISSION ACT

LABOR RELATIONS COMMISSION ACT

Act No. 5311, Mar. 13, 1997

Amended by Act No. 5962, April 15, 1999

Act No. 7380, Jan. 27, 2005

Act No. 7773, Dec. 29, 2005

Act No. 7796, Dec. 29, 2005

Act No. 8075, Dec. 21, 2006

Act No. 8296, Jan. 26, 2007

Act No. 8474, May 17, 2007

CHAPTER

General Provisions

Article 1 (Purpose)

The purpose of this Act is to contribute to the security and development of labor relations by establishing the Labor Relations Commissionand regulating matters as to the operation of the Commission in order to perform, in a prompt and fair manner, functions of adjudication and adjustment in labor relations. Article 2 (Category and Structure of the Labor Relations Commission, etc.)

(1) The Labor Relations Commission shall be composed of the National Labor Relations Commission, the Regional Labor Relations Commission and the Special Labor Relations Commission. (2) The National and Regional Labor Relations Commissions shall be governed by the Minister of Labor, and the denomination, locations and jurisdictional areas of the Regional Labor Relations Commissions shall be prescribed by the Presidential Decree. (3) The Special Labor Relations Commission shall be attached to the Chief of the Central Administrative Authority which has jurisdiction over specific matters, if necessary to deal with such matters.

Article 2-2 (Work of the Labor Relations Commission) The work of the Labor Relations Commission is described in the following subparagraphs :

1. The work of judging, deciding, making a resolution, approving, confirming, redressing discrimination, etc., in accordance with the Trade Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on the - 2 -

Promotion of Employee Participation and Cooperation, the Act on the Establishment, Operation, etc., of Trade Unions for Teachers, the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions, the Act on the Protection, etc., of Fixed-term and Part-time Employees and the Act on the Protection, etc., of Dispatched Workers;

2. The work of mediating or arbitrating a labor dispute or providing support for interested parties to autonomously settle their labor disputes in accordance with the Trade Union and Labor Relations Adjustment Act, the Act on the Establishment, Operation, etc., of Trade Unions for Teachers and the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions;

3. The work of conducting surveys, research, education, publicity activities, etc., in relation to performing the work prescribed in subparagraphs 1 and 2; and

4. Other work stipulated by other laws as the one within the jurisdiction of the Labor Relations Commission.

Article 3 (Jurisdiction of the Labor Relations Commission) (1) The National Labor Relations Commission has jurisdiction over the cases falling under any of the following subparagraphs:

1. review of measures taken by the Regional and Special Labor Relations Commission;

2. adjustments of industrial disputes which fall under the jurisdiction of two or more Regional Labor Relations Commissions; or

3. such cases which fall under its jurisdiction as prescribed by other enactments.

(2) While the Regional Labor Relations Commission has jurisdiction over the cases which have occured in its region, the cases connected with two or more Regional Labor Relations Commission (excluding adjustment cases by subparagraph 2 of paragraph (1)) shall be governed by the Regional Labor Relations Commission which has jurisdiction over the location of main workplace.

(3) The Special Labor Relations Commission has jurisdiction over the cases concerning specified matters which are prescribed by relevant enactments as an objective of its establishment. (4) Despite the provision of subparagraph 2 of paragraph (1), the Chairman of the National Labor Relations Commission - 3 -

may designate a particular Regional Labor Relations Commission to deal with the case concerned, when it is deemed to be necessary to settle industrial disputes in effective ways. (5) When it is difficult to determine the main workplace under paragraph(2) or when the Regional Labor Relations Commission having jurisdiction over the location of main workplace has difficulty in dealing with the case, the Chairman of the National Labor Relations Commission may, ex officio or upon application submitted by either of the parties or the Chairman of the Regional Labor Relations Commission, designate a particular Regional Labor Relations Commission to deal with the case concerned.

Article 4 (Status of the Labor Relations Commission, etc.) (1) The Labor Relations Commission has discretion over the performance of functions and duties within its authority. (2) The Chairman of the National Labor Relations Commission manages budgets, personnel affairs, education and training and other administrative matters of the National and Regional Labor Relations Commissions, and may direct and supervise the staffs. (3) The Chairman of the National Labor Relations Commission may transfer some of his/her powers to direct and supervise administrative matters to the Chairman of Regional Labor Relations Commission, in accordance with the Presidential Decree. Article 5 (Formation of the Special Labor Relations Commission, etc.)

(1) The provisions of Articles 6(3) to (6), 9(2) and (4) shall not apply to the Special Labor Relations Commission. (2) Matters falling within any of the following subparagraphs may be regulated in different ways by other enactments which govern the establishment of the Special Labor Relations Commission:

1. the number of members representing employees, employers, and public interests in accordance with Article 6(2); or

2. permanent members in accordance with Article 11. (3) Concerning the application of Articles 15(3) and (4) to the Special Labor Relations Commission, public interest members in charge of adjudication or adjustment shall be regarded as public interest members.

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CHAPTER

Organization

Article 6 (Composition of the Labor Relations Commission, etc.) (1) The Labor Relations Commission shall be composed of members representing employees (hereinafter referred to as "employee members"), members representing employers (hereinafter referred to as "employer members") and members representing public interests (hereinafter referred to as "public interest members"). (2) The number of the members of the Labor Relations Commission shall be prescribed by the Presidential Decree, in consideration of work load of each Labor Relations Commission, within the limit of at least ten but not more than fifty for employee members and employer members and at least ten but not more than seventy for public interest members. In this case, the number of members representing employees and employers shall be equal. (3) While the employee members shall be appointed from among those recommended by the trade union, and the employer members shall be appointed from among those recommended by the employers' association, the members of the National Labor Relations Commission shall be appointed by the President upon the nomination of the Minister of Labor, and those of the Regional Labor Relations Commission shall be appointed by the Chairman of the National Labor Relations Commission upon the nomination of the Chairman of the Regional Labor Relations Commission. (4) Those who are recommended by the Chairman of the Labor Relations Commission, the trade union and the employers' association concerned, and those who survive exclusion by trade unions and the employers, by turns, shall be candidates for public interest members who can be appointed. From among those candidates, the public interest members of the National Labor Relations Commission shall be appointed by the President upon the nomination of the Minister of Labor and the public interest members of the Regional Labor Relations Commission shall be appointed by the Chairman of the National Labor Relations Commission upon the nomination of the Chairman of the National Labor Relations Commission.

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(5) Notwithstanding the provision of paragraph (4), if the trade union or the employers' association refuses to follow the procedures for recommending public interest members or, by turns, excluding the recommended public interest members one by one, the Chairman of the Labor Relations Commission concerned may select candidates for public interest members who can be appointed.

(6) The public interest members shall be classified and appointed as follows :

1. Public interest members in charge of adjudication cases;

2. Public interest members in charge of cases of redressing discrimination; and

3. Public interest members in charge of adjustment cases. (6) Procedures for the recommendation of the members of the Labor Relations Commission, methods of excluding candidates for public interest members one by one and other necessary matters as to the designation of the members shall be prescribed by the Presidential Decree.

Article 6-2 (Remedy for Violation of Rights Sought by Certified Labor Affairs Consultant)

(1) The Labor Relations Commission may allow a certified labor affairs consultant to seek a remedy for a violation of rights on behalf of socially vulnerable groups of people pursuant to Article 26-2 (1) of the Certified Labor Affairs Consultant Act with regard to cases involving the judgment, decision, approval, confirmation or discrimination redress prescribed in subparagraph 1 of Article 20-2.

(2) If a certified labor affairs consultant seeks a remedy for a violation of rights on behalf of social vulnerable groups of people pursuant to paragraph (1), necessary matters concerning the conditions, the eligible people, the remuneration of the certified labor affairs consultant, etc., shall be prescribed by the Ordinance of the Ministry of Labor.

Article 7 (Term of Office of Member, etc.)

(1) The term of office of the members of the Labor Relations Commission shall be three years to be renewed.

(2) In the case of a member vacancy, the term of office for a member elected to fill a vacancy shall be the remainder of - 6 -

the term of the predecessor : Provided that if the successor is appointed to fill the vacant post for the Chairman or a permanent member, the term of office of the successor shall newly start. (3) When a member's term of office expires, that member shall continue to perform his/her duties until a successor is appointed.

(4) The treatment of a member shall be prescribed by the Presidential Decree.

Article 8 (Qualification for Public Interest Members, etc.) (1) The public interest members of the National Labor Relations Commission shall be appointed from among those who fall under any of the following items and have knowledge and experiences in labor issues, in accordance with the following classification :

1. For public interest members in charge of adjudication and redressing discrimination :

A. an associate professor or higher majoring in academic areas related to labor issues and with more than five years of services at an authorized university or college ; B. a person with seven years or more of services as a judge, prosecutor, military judicial officer, defense lawyer or certified labor affairs consultant;

C. a grade II public servant or higher or a public servant belonging to the senior civil service group, who has ten years or more of services for labor relations affairs ; or

D. a person with professional knowledge and experience who has been engaged in labor-related work for

fifteen years or more, and is recognized to be suitable for a public interest member in charge of adjudication or adjustment.

1-2. Deleted

2. For public interest members in charge of adjustment: A. an associate professor or higher who has worked at an authorized university or college;

B. a person with seven years or more of services as a judge, prosecutor, military judicial officer, defense lawyer or certified labor affairs consultant;

C. a grade II public servant or higher or a public servant belonging to the senior civil service group, who has ten years or more of services for labor relations affairs ; or - 7 -

D. a person with fifteen years or more of services for labor relations affairs or a person of high moral repute who is recognized to be suitable for a public interest member in charge of adjustment.

(2) The public interest members of the Regional Labor Relations Commission shall be appointed from among those who fall under any of the following items and have knowledge and experience in labor issues, in accordance with the following classification :

1. For public interest members in charge of adjudication and redressing discrimination :

A. an assistant professor or higher majoring in academic areas related to labor issues and with five years or more of services at an authorized university or college; B. a person with three years or more of services as a judge, prosecutor, military judicial officer, defense lawyer or certified labor affairs consultant;

C. a grade III public servant or higher or a public servant belonging to the senior civil service group, who has three years or more of services for labor relations affairs;

D. a grade IV public servant or higher with ten years or more of services for labor relations affairs; or

E. a person with professional knowledge and experience who has been engaged in labor relations affairs for ten years or more, and is recognized to be suitable for a public interest member in charge of adjudication or redressing discrimination.

1-2 Deleted

2. For public interest members in charge of adjustment: A. an assistant professor or higher who has worked at an authorized university or college ;

B. a person with three years or more of services as a judge, prosecutor, military judicial officer, defense lawyer or certified labor affairs consultant;

C. a grade III public servant or higher or a public servant belonging to the senior civil service group, who has three years or more of services for labor relations affairs;

D. a grade IV public servant or higher with ten years or more of services for labor relations affairs; or

E. a person with ten years or more of services for labor - 8 -

relations affairs or a person of high moral repute who is recognized to be suitable for a public interest member in charge of adjustment.

(3) Deleted.

Article 9 (Chairman)

(1) There shall be a chairman in the Labor Relations Commission. (2) In the case of the National Labor Relations Commission, the chairman shall be appointed by the President, upon the nomination of the Minister of Labor, from among the public interest members of the National Labor Relations Commission, and in the case of the Regional Labor Relations Commission, with the recommendation of the chairman of the National Labor Relations Commission and upon the nomination of the Minister of Labor, from among those qualified as public interest members of a Regional Labor Relations Commission.

(3) The Chairman of the National Labor Relations Commission shall be a public servant of political character. (4) The Chairman of the Labor Relations Commission (hereinafter referred to as ßÖChairmanß×) shall be a public interest member, and may take charge of cases of adjudication, redressing discrimination and adjustment.

Article 10 (Duties of Chairman)

(1) Chairman shall represent the Labor Relations Commission concerned, and control the affairs of the Commission. (2) In cases where chairman may not perform his duties for unavoidable reasons, a person who is appointed from among the public interest members by the Presidential Decree shall take the place of the chairman concerned.

Article 11 (Permanent Members)

(1) There shall be permanent members in the Labor Relations Commission, and they shall be appointed by the President, with the recommendation of the chairman of the National Labor Relations Commission and upon the nomination of the Minister of Labor, from among the public interest members of the Commission concerned.

(2) The permanent members shall be public interest members, and may take charge of cases of adjudication, redressing discrimination and adjustment.

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(3) The number, levels, etc. of the permanent members in each Labor Relations Commission shall be prescribed by the Presidential Decree.

Article 11-2 (Rules of Conduct for Members)

(1) The members of the Labor Relations Commission shall carry out their work in accordance with laws and in good conscience and in a fair and good-faith manner.

(2) The National Labor Relations Commission may set up the rules of conduct the members of the Labor Relations Commission should follow to carry out their work pursuant to paragraph (1) and matters concerning the operation of the Commission through the resolution of the Labor Relations Commission at a plenary session.

(3) The rules of conduct under paragraph (2) shall be set for matters falling under any of the following subparagraphs :

1. Matters concerning the prohibition of the members of the Labor Relations Commission from accepting entertainment, money, valuable goods, etc., in relation to the work they carry out;

2. Matters concerning the prohibition and restriction of the members of the Labor Relations Commission from

undermining fairness and neutrality such as by interfering with the handling of a case or being biased in favor of one of the parties;

3. Matters concerning the carrying out of work in good faith, including the attendance at a divisional committee, prescribed in Article 15; and

4. Other matters necessary to ensure the decency of the members of the Labor Relations Commission.

Article 12 (Disqualification)

Any one who is subject to Article 33 of the State Public Officials Act shall not be appointed as a member of the Labor Relations Commission.

Article 13 (Guarantee of Status of Members)

(1) Any member of the Labor Relations Commission shall not be dismissed or discharged from office against his/her intention, except when he/she falls under any of the following subparagraphs:

1. In case where he/she falls under Article 33 of the State Public Officials Act;

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2. In case where he/she becomes incapable of performing his/her duties due to a long period of mental and physical weakness ;

3. In case where there is proven corruption related to the job or proven corruption regarded as unsuitable for sustaining membership of the Labor Relations Commission; or

4. In case where he/she violates the rules of conduct prescribed in Article 11-2 so that he/she cannot perform his/her duties as a Commission member.

(2) If a member of the Labor Relations Commission falls under subparagraph 1 of paragraph (1), he/she shall be dismissed or discharged from office.

Article 14 (Secretariat Office and Secretariat Bureau)

(1) The National Labor Relations Commission shall have a secretariat office and the Regional Labor Relations Commission shall have a secretariat bureau.

(2) Necessary matters concerning the organization and operation of the secretariat office and secretariat bureau shall be prescribed by the Presidential Decree.

(3) If the Minister of Labor intends to transfer staff of the secretariat office or secretariat bureau between the Ministry of Labor and the Labor Relations Commission, he/she shall hear opinions from the Chairman of the National Labor Relations Commission.

Article 14-2 (Secretary General of the National Labor Relations Commission)

(1) The National Labor Relations Commission shall have one secretary general.

(2) A permanent member of the National Labor Relations Commission shall concurrently hold the position of the secretary general.

(3) The secretary general shall handle the work of the secretariat office and direct and supervise the staff of the office on the order of the Chairman of the National Labor Relations Commission.

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Article 14-3 (Investigation Officer)

(1) The secretariat office and secretariat bureau, each, shall have investigation officers.

(2) Investigation officers may conduct an investigation needed to carry out under the direction of the Chairman, the Chairman of a divisional committee under Article 15 or the chief member under Article 16-2, and attend and express their opinions at a divisional committee.

(3) Investigation officers shall be appointed by the Chairman of the National Labor Relations Commission from among public officials within the secretariat office or secretariat bureau of the Labor Relations Commission and necessary matters concerning their appointment and qualifications shall be prescribed by the Presidential Decree.

CHAPTER

Meetings

Article 15 (Structure of Meeting, etc.)

(1) The Labor Relations Commission shall have, unless otherwise prescribed in other laws, the Adjudication Committee, the Discrimination Redress Committee, the Mediation Committee, the Special Mediation Committee, the Arbitration Committee, the Adjustment Committee for Teachers' Labor Relations and the Adjustment Committee for Public Officials' Labor Relations (hereinafter referred to as the ßÖDivisional Committeeß×), in addition to plenary sessions, to handle businesses of its own jurisdiction by each division. (2) The plenary session shall be composed of all of the members of the Labor Relations Commission concerned, and deal with matters which fall into the following subparagraphs:

1. decision of the general matters such as the operations of the Labor Relations Commission;

2. recommendation regarding improvement on working conditions under Article 22(2); or

3. formulation of instructions and rules under Articles 24 and 25 (only in the case of the National Labor Relations Commission).

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(3) The Adjudication Committee shall be composed of three people designated by the Chairman, from among public interest members in charge of adjudication (including the Chairman or one permanent member), and shall deal with matters which require judgment, resolution, approval, confirmation, etc., of the Labor Relations Commission in accordance with the Trade Union and Labor Relations Adjustment Act, the Labor Standards Act, the Act on the Promotion of employee Participation and Cooperation and other laws.

(4) The Discrimination Redress Committee shall be composed of three people designated by the Chairman from among pubic interest members in charge of redressing discrimination (including the Chairman or one permanent member) and shall deal with matters concerning redress for discrimination in accordance with the Act on the Protection, etc., of Fixed-term and Part-time employees or the Act on the Protection, etc., of Dispatched employees. (5) The Mediation Committee, the Special Mediation Committee and the Arbitration Committee shall be established by Trade Union and Labor Relations Adjustment Act, and deal with mediation, arbitration and other matters related thereto, provided by that Act respectively. In this case, the public interest members shall be selected from among public interest members in charge of adjustment (including the Chairman or permanent members) .

(6) Notwithstanding the provisions of paragraphs (3) and (4), if there is an inevitable reason, such as too heavy workload on the Chairman or permanent members makes normal business operation difficult, the Chairman may organize the Adjudication Committee and the Discrimination Redress Committee with three public interest members in charge of adjudication and three public interest members in charge of redressing discrimination, respectively, with the exclusion of the Chairman or permanent members.

(7) Notwithstanding the provisions of paragraphs (3) through (5), if there is an inevitable reason, such as too many cases are concentrated in a particular divisional committee, public interest members in charge of adjudication, redressing discrimination or adjustment may be designated to organize a divisional committee, regardless of the area they are in charge of.

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(8) The Adjustment Committee for Teachers' Labor Relations shall be established and composed of, pursuant to the Act on the Establishment, Operation, etc., of Trade Unions for Teachers, and handle mediations, arbitrations and other related matters under the Act. (9) The Adjustment Committee for Public Officials' Labor Relations shall be established and composed of, pursuant to the Act on the Establishment, Operation, etc., of Public Officials' Trade Unions, and handle medication, arbitration and other related matters under the Act.

Article 15-2 (Adjudication by A Single Member, etc.) If a case falls under any of the following subparagraphs, the Chairman may designate one public interest member in charge of adjudication or redressing discrimination and have that member handle the case;

1. In case where conditions for application are not satisfied obviously, such as by missing an application deadline; or

2. In case where both parties concerned jointly apply or agree.

Article 16 (Calling of Meeting)

(1) The Chairman shall preside over the plenary sessions. The Chairman of the Divisional Committees shall be elected by mutual vote among the members and shall preside over the Divisional Committee concerned unless there are particular provisions in other enactments.

(2) The Chairman or a chairman of a divisional committee shall convene an entire membership meeting or a divisional committee meeting, respectively, pursuant to Article 15(1). However, the Chairman, if he/she deems it necessary, may convene a divisional committee meeting.

(3) The Chairman of the Labor Relations Commission or the Divisional Committee shall convene a meeting when a majority of the members of the Labor Relations Commission or the Divisional Committee call for a meeting.

Article 16-2 (Chief Member)

The Chairman of a divisional committee, if it is deemed - 14 -

necessary for the smooth operation of the divisional committee, may designate a chief member and have that chief member handle the case.

Article 16-3 (Recommendation of Conciliation, etc.) (1) The Labor Relations Commission may recommend

conciliation or present a conciliation proposal at the request of the parties concerned or by virtue of its authority before making a judgment, issuing an order or rendering a decision pursuant to Article 84 of the Trade Union and Labor Relations Adjustment Act or Article 28 of the Labor Standards Act.

(2) When preparing the conciliation proposal, the Labor Relations Commission shall sufficiently hear opinions from the parties concerned.

(3) If the parties concerned accept the conciliation proposal, the Labor Relations Commission shall draw up a conciliation statement.

(4) The conciliation statement shall be signed or sealed by the parties concerned and all members involved in the conciliation.

(5) The conciliation statement prepared pursuant to Articles (3) and (4) shall have the same effect as the conciliation imposed by the courts in accordance with the Civil Procedure Act. (6) Necessary matters concerning the method of conciliation, the preparation of a conciliation statement, etc., prescribed in paragraphs (1) through (4) shall be determined by the National Labor Relations Commission.

Article 17 (Resolution)

(1) A plenary session shall be held when a majority of the members registered are present, and pass a resolution with a majority approval of the members present.

(2) Meetings of the Divisional Committee shall be held when all the members are present, and pass a resolution with a majority approval of the members present.

(3) Notwithstanding the provision of paragraph (2), a plenary session of the Adjustment Committee for Public Officials' Labor Relations shall be held when a majority of the members registered are present and pass a resolution with a majority approval of the members present.

(4) A member who attend a plenary session or a meeting of - 15 -

a divisional committee shall sign or place a seal on the resolution. Article 17-2 (Notification, etc., of Resolution Results) (1) The Labor Relations Commission shall notify the parties concerned of the results of the resolution made by a divisional committee without delay.

(2) The Labor Relations Commission shall notify the parties concerned of the consequent measures in writing and the measures shall take effect on the date they receive a letter of order, a letter of decision or a letter of re-examination decision.

Article 18 (Reporting and Hearing of Opinions)

(1) The Chairman of the Labor Relations Commission or the Divisional Committee may call the members or the investigation officers concerned to report on subjects which have been referred to the meetings.

(2) The Adjudication Committee and the Discrimination Redress Committee shall hear opinions of one or more employee and employer members of the Labor Relations Commission concerned before passing a resolution, Provided that this does not apply when the employee or employer members have failed to appear without reasonable grounds after being notified to appear.

Article 19 (Opening of Meetings)

Meetings of the Labor Relations Commission shall be open to the public, Provided that a meeting may not be open to the public with the resolution of a Commission.

Article 20 (Maintenance of Order during the Meeting) The Chairman of the Labor Relations Commission or the Divisional Committee may order the withdrawal of any person who obstructs fair procedures and disturbs the order of the meeting concerned and take other necessary measures to maintain order. Article 21 (Exclusion, Challenge, etc., of Members) (1) If a member falls under any of the following items, he/she shall be excluded from carrying out duties concerning the case :

1. In case where the member or his/her spouse or ex-spouse is a party to the case or is related to a person who has a right or duty jointly with a party in the case; - 16 -

2. In case where the member is or was a relative of a party to the case under Article 777 of the Civil Act;

3. In case where the member made a statement or gave an expert opinion about the case;

4. In case where the member is or was involved in the case on behalf of a party; or

5. In case where the member is involved in any measure or non-action which becomes the cause of the case.

(2) If there is a reason described in paragraph (1), the Chairman shall decide to exclude the member by virtue of his/her authority or at the request of the parties.

(3) If there is a member of whom fairness is hard to be expected during deliberation, resolution or adjustment, the Chairman may write down the reason and apply to challenge him/her. (4) If the application for challenge under paragraph (3) is deemed reasonable, the Chairman shall replace the member with another member. (5) As soon as a case is filed, the Chairman shall notify the parties concerned that they can apply for the exclusion under paragraph (2) and the challenge under paragraph (3).

CHAPTER

Authority

Article 22 (Requests for Assistance, etc.)

(1) The Labor Relations Commission may request the relevant administrative authorities for assistance if it is deemed to be necessary to perform its functions and duties, and such authorities shall respond to that request unless there are particular reasons. (2) The Labor Relations Commission may recommend the relevant administrative authorities to take necessary measures to improve working conditions.

Article 23 (Labor Relations Commission s Right to Investigate, etc.) (1) The Labor Relations Commission may request the employers, the employersßÓorganization, the trade union or other relevant persons to show up and report or to submit necessary documents, and may authorize the members or investigation officers designated - 17 -

by the Chairman of the Labor Relations Commission or a Divisional Committee to investigate the status of a business or a workplace, its documents or other things, if it is deemed necessary to carry out business, such as fact-finding, with regard to the work within its jurisdiction, prescribed in Article 2-2 (excluding the work under subparagraph 3).

(2) The member or investigation officer of the Commission authorized for investigation under paragraph (1) shall present identification card which indicates his authority to the relevant person.

(3) The Labor Relations Commission shall compensate, in accordance with the Presidential Decree, the expenses to the person other than related parties who appears before the Commission pursuant to the provision of paragraph (1). Article 24 (National Labor Relations Commission's Right to give Instruction, etc.)

The National Labor Relations Commission may give necessary instructions concerning the basic policies on performance of functions and duties of the Labor Relations Commission and the interpretation of laws and regulations to a Regional Labor Relations Commission or a Special Labor Relations Commission. Article 25 (National Labor Relations Commission's Right to Stipulate Regulations)

The National Labor Relations Commission may formulate rules for the operation and other necessary matters of the National Labor Relations Commission, the Regional Labor Relations Commission, or the Special Labor Relations Commission. Article 26 (National Labor Relations Commission's Right to Review) (1) The National Labor Relations Commission may review measures taken by the Regional Labor Relations Commission or the Special Labor Relations Commission, and may confirm, revoke or modify such measures, if a request is made by the parties concerned.

(2) The request under paragraph (1) shall be made, except otherwise stipulated in laws or decrees, within ten days after notice is given to the parties concerned of the measures taken by the Regional Labor Relations Commission or the Special Labor Relations Commission.

(3) The period under paragraph (2) shall be an unchangeable one.

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Article 27 (Appealing against the Measures of the National Labor Relations Commission)

(1) Appealing against the measures of the National Labor Relations Commission must be submitted within fifteen days following notice of the measures with the Chairman of the National Labor Relations Commission to be defendant. (2) The effects of the measures shall not be suspended because of appealing under this Act.

(3) The period under paragraph (1) shall be a peremptory term. CHAPTER

Supplementary Provisions

Article 28 (Duty of Confidentiality)

(1) Any one who is or used to be a member or staff of the Labor Relations Commissions shall not divulge any secrets learned in connection with his duties.

(2) A member or staff of the Labor Relations Commission who is involved in handling a case or a defense lawyer, certified labor affairs consultant, etc., who was a member or staff of the Labor Relations Commission shall not perform his/her duties concerning the case.

Article 29 (Presumption as Being Public Servants in Application of Penal Provisions)

The members of the Labor Relations Commissions who are not public servants shall be construed as public servants in relation to the application of the penal provisions in the Criminal Act or other enactments.

CHAPTER

Penal Provisions

Article 30 (Penal Provision)

A person who violates Article 28 shall be punished by imprisonment of up to one year or a fine not exceeding three million Won.

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Article 31 (Penal Provision)

A person who falls under any of the following items with regard to the Labor Relations Commission's right to investigate, etc., under Article 23 (1) shall be punished by a fine not exceeding five million won :

1. A person who fails to comply with the request to report or submit documents or makes a false report or submits false documents;

2. A person who refuses, obstructs or avoids investigation by the members or staff concerned.

Article 32 (Joint Penal Provision)

When a representative of an incorporation or an organization, a proxy, employee or any other hired persons working for an incorporation, an organization or an individual have committed actions in violation of Article 31 in connection with the business of the incorporation, the organization, a fine provided in the said Article shall be imposed on the incorporation, the organization, or the individual as well as on the offender.

Article 33 (Fine for Negligence)

(1) A person who fails to comply with the withdrawal order under Article 20 shall be punished by a fine for negligence not exceeding one million won.

(2) The fine for negligence prescribed in paragraph (1) shall be imposed and collected by the Labor Relations Commission as prescribed by the Presidential Decree.

(3) A person who is dissatisfied with the imposition of a fine for negligence under paragraph (2) may raise an objection against the Labor Relations Commission within thirty days of the date he/she is notified of the imposition.

(4) If a person on whom a fine for negligence is imposed pursuant to paragraph (2) raises an objection pursuant to paragraph (3), the Labor Relations Commission shall notify a competent court of this and upon receiving the notification, the competent court shall bring the case of the fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act. (5) If neither an objection is made nor the fine for negligence is paid within the period prescribed in paragraph (3), the fine shall be collected according to an example of the imposition of national tax in arrears.

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Addenda (Act No. 8474, May 17, 2007>

This Act shall enter into force on January 1, 2008.