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ENFORCEMENT DECREE OF THE LABOR RELATIONS COMMISSION ACT

Wholly Amended by Presidential Decree No. 4434, Dec. 8, 1969

Amended by Presidential Decree No. 6745, jun. 30, 1973

Presidential Decree No. 10188, Jan. 29, 1981

Presidential Decree No. 10278, Apr. 8, 1981

Presidential Decree No. 12158, May 15, 1987

Presidential Decree No. 15322, Mar. 27, 1997

Presidential Decree No. 15680, Feb. 24, 1998

Presidential Decree No. 15740, Feb. 28, 1998

Presidential Decree No. 16460, jun. 30, 1999

Presidential Decree No. 19972, Mar. 27, 2007

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 22801, Mar. 30, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26420, Jul. 20, 2015

Presidential Decree No. 27751, Dec. 30, 2016

Presidential Decree No. 27920, Feb. 28, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Labor Relations Commission Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 2 (Names, etc. of Regional Labor Relations Commissions)
The names, locations, and respective jurisdictions of the Regional Labor Relations Commissions referred to in Article 2 (2) of the Labor Relations Commission Act (hereinafter referred to as the "Act") are as listed in attached Table 1.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 3 (Number of Members)
The number of members of the Labor Relations Commission referred to in Article 6 (2) of the Act is as listed in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 4 (Matters to be Considered in Recommending Persons Eligible for Appointment as Workers’ Members and Employers’ Members)
(1) Where a trade union and an employers’ association recommend members representing workers (hereinafter referred to as "workers’ members") and members representing employers (hereinafter referred to as "employers’ members") pursuant to Article 6 (3) of the Act, they shall take account of the number of workers, the number of trade unions, etc. by industries, and the sizes of enterprises within the jurisdiction of the relevant Labor Relations Commission.
(2) The number of members recommended by a trade union and an employers’ association pursuant to paragraph (1) shall be at least 150/100 of the number of the workers’ members and employers’ members to be commissioned, respectively.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 5 (Procedures for Recommendation of Persons Eligible for Appointment as Workers’ Members and Employers’ Members)
(1) Workers’ members shall be recommended by the following persons pursuant to Article 6 (3) of the Act: Provided, That where there exists any trade union not belonging to the federation of all trade unions, recommendation may be directly made from the trade union concerned:
1. Federation of all trade unions: Workers’ members of the National Labor Relations Commission;
2. Regional representative organization of the federation of all trade unions organized within the jurisdiction of the Regional Labor Relations Commission: Workers’ members of the relevant Regional Labor Relations Commission.
(2) Where trade unions recommending workers’ members under paragraph (1) are plural in number, the chairperson of the relevant Labor Relations Commission may adjust the number of persons who may be recommended by each trade union, by taking account of the number of the members of the trade union.
(3) Employers’ members shall be recommended by the following employers’ associations pursuant to Article 6 (3) of the Act:
1. Employers’ association of national scale: Employers’ members of the National Labor Relations Commission;
2. Employers’ association organized within the jurisdiction of the Regional Labor Relations Commission: Employers’ members of the relevant Regional Labor Relations Commission.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 6 (Selection of Persons Eligible for Appointment as Public Interest Members)
(1) Where the chairperson of the Labor Relations Commission, a trade union, and an employers’ association recommend members representing public interest (hereinafter referred to as "public interest members") in accordance with Article 6 (4) of the Act, they shall recommend by dividing them into public interest members in charge of adjudication, public interest members in charge of correction of discrimination, and public interest members in charge of mediation within the scope of the number of public interest members to be commissioned, respectively: Provided, That the chairperson of the Labor Relations Commission shall make recommendations for as many as the number of public interest members to be commissioned.
(2) Public interest members shall be recommended by the following persons pursuant to paragraph (1): Provided, That if there exists a trade union not belonging to the federation of trade unions, recommendation may be made directly from the trade union in question:
1. Federation of all trade unions and an employers’ association of national scale: Public interest members of the National Labor Relations Commission;
2. Regional representative organization of the federation of all trade unions organized within the jurisdiction of the Regional Labor Relations Commission and employers’ association: Public interest members of the relevant Regional Labor Relations Commission.
(3) Where a trade union recommending public interest members pursuant to paragraph (2) are plural in number, the chairperson of the relevant Labor Relations Commission may adjust the number of persons who may be recommended by each trade union, by taking account of the number of the members of the trade union.
(4) Where a trade union and an employers’ association exclude in order under Article 6 (4) of the Act the public interest members recommended according to paragraphs (1) through (3), exclusion shall continue until when the number of public interest members to be commissioned left. In such cases, where the trade unions participating in the procedure for successive exclusion are plural in number, the chairperson of the Labor Relations Commission may adjust the number of persons who may be excluded by each trade union, by taking account of the number of the members of the relevant trade union.
(5) Where a person who has been recommended for a public interest member in accordance with paragraphs (1) through (3) fails to satisfy such qualifications referred to in Article 8 of the Act or falls under the disqualifications referred to in Article 12 of the Act, the chairperson of the Labor Relations Commission shall exclude him/her from those subject to the procedure for successive exclusion according to paragraph (4), by specifying the grounds therefor.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 7 Deleted. <by Presidential Decree No. 19972, Mar. 27, 2007>
 Article 8 (Treatment of Members)
(1) A member of the Labor Relations Commission may be paid an allowance and travel expenses necessary for the performance of his/her duties pursuant to Article 7 (4) of the Act: Provided, That this shall not apply where a member who is a public official attends the Commission in direct connection with his/her duties.
(2) Where a member of the Labor Relations Commission is paid an allowance and travel expenses, an allowance shall be paid according to the days of his/her attendance and travel expenses shall be paid by applying mutatis mutandis the Regulations on Travel Expenses for Public Officials.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 9 (Performance of Duties on Behalf of Chairperson)
Where the chairperson is unable to perform his/her duties for unavoidable reasons, the standing member (if there are at least two standing members, the standing member in order determined in advance by the chairperson) or the public interest member in order determined in advance by the chairperson, in cases where neither the chairperson nor the standing member is able to perform his/her duties for unavoidable reasons, shall act for the chairperson pursuant to Article 10 (2) of the Act. <Amended by Presidential Decree No. 27920, Feb. 28, 2017>
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 9-2 (Qualification Requirements for Investigators of Labor Relations Commissions)
(1) The qualification requirements for an investigator of the secretariat or bureau of each Labor Relations Commission under Article 14-3 (1) of the Act (hereinafter referred to as "investigator") shall be as follows: <Amended by Presidential Decree No. 27920, Feb. 28, 2017>
1. An investigator at the secretariat of the National Labor Relations Commission: A public official belonging to the secretariat of the National Labor Relations Commission satisfying all of the following requirements:
(a) He/she shall be a public official of Grades III through VII;
(b) He/she shall be in charge of the duties referred to in subparagraph 1 or 2 of Article 2-2 of the Act;
2. An investigator at the bureau of the Regional Labor Relations Commission: A public official belonging to the bureau of the Regional Labor Relations Commission satisfying all of the following requirements:
(a) He/she shall be a public official of Grades IV through VII;
(b) He/she shall be in charge of the duties referred to in subparagraph 1 or 2 of Article 2-2 of the Act.
(2) Notwithstanding paragraph (1), a public official of Grade VI or VII having less than one year's work experience at the Ministry of Employment and Labor or an agency belonging thereto shall be eligible for appointment as an investigator when he/she further satisfies any of the following requirements: <Amended by Presidential Decree No. 27920, Feb. 28, 2017>
1. He/she shall complete education determined by the chairperson of the National Labor Relations Commission;
2. He/she shall have work experience of at least six months in a position assisting investigators’ duties.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 9-3 (Method, etc. of Serving Results of Resolution)
(1) A Labor Relations Commission shall serve the results of resolution to a party to the relevant case or his/her agents by mail pursuant to Article 17-2 (1) of the Act: Provided, That where a party to the relevant case or his/her agents agree, such results may be served by delivery. <Newly Inserted by Presidential Decree No. 27920, Feb. 28, 2017>
(2) A Labor Relations Commission shall serve the written adjudication, written order, written decision, or written adjudication for re-examination to a party to the relevant case or his/her agents by registered mail pursuant to Article 17-2 (2) of the Act. <Amended by Presidential Decree No. 27920, Feb. 28, 2017>
(3) Where a party to the relevant case or his/her agents modifies the place for service of documents (referring to the place designated by a party to the case or his/her agents from among address, residence, place of business, or office), he/she shall, without delay, notify the relevant Labor Relations Commission in writing.
[This Article Newly Inserted by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 9-4 (Requirements for Service by Public Notice)
(1) In cases falling under any subparagraph of Article 17-3 (1) of the Act, the Labor Relations Commission may serve documents by public notice ex officio or upon request of a party to the case. In such cases, if a party to the case makes a request for service by public notice, he/she shall submit the grounds therefor in writing to the Labor Relations Commission.
(2) In cases of offering service by public notice pursuant to Article 17-3 (2) of the Act, an investigator shall keep the documents to be served by public notice until the date on which service by public notice takes effect.
(3) After service by public notice is offered, where grounds for service by public notice referred to in any subparagraph of Article 17-3 (1) of the Act cease to exist before the date on which the relevant service by public notice takes effect pursuant to in Article 17-3 (3) of the Act, the Labor Relations Commission shall cancel service by public notice ex officio or upon request of a party to the case, and shall serve the relevant documents by registered mail.
[This Article Newly Inserted by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 10 (Statement of Opinions)
The Minister of Employment and Labor may allow the relevant public officials to attend a meeting of the Labor Relations Commission and to state their opinions if a request is made by the Labor Relations Commission or if he/she deems it necessary to do so.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 11 (Reimbursement of Expenses)
Any person who attends a meeting of the Labor Relations Commission pursuant to of Article 23 (3) of the Act shall, by the application mutatis mutandis of the Regulations on Travel Expenses for Public Officials, be reimbursed for the expenses incurred.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 11-2 (Management of Sensitive Information and Personally Identifiable Information)
The Labor Relations Commission may, where it is inevitable for the conduct of the following affairs, deal with information on health referred to in Article 23 of the Personal Information Protection Act, information on criminal record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the said Act, and documents which include resident registration number or alien registration number referred to in subparagraph 1 or 4 of Article 19 of the said Decree:
1. Affairs concerning the handling of cases by the Labor Relations Commission pursuant to Article 3 of the Act;
2. Affairs concerning recommendation, proposal, and commission of the members of the Labor Relations Commission pursuant to Article 6 of the Act;
3. Affairs concerning the relief of rights by attorneys-at-law or certified public labor attorneys by proxy pursuant to Article 6-2 of the Act;
4. Affairs concerning advice, etc. of reconciliation pursuant to Article 16-3 of the Act;
5. Affairs concerning the exclusion, challenge, etc. of members pursuant to Article 21 of the Act.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 11-3 (Re-examination of Regulations)
The Minister of Employment and Labor shall examine the validity of the standards for imposition of administrative fines referred to in Article 12 and attached Table 3 every three years (referring to the period before January 1 of every third year), based on the base date of January 1, 2017, and shall then take measures for improvement, etc. thereof. <Amended by Presidential Decree No. 27751, Dec. 30, 2016>
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
 Article 12 (Standards for Imposition of Administrative Fines)
The standards for imposing administrative fines pursuant to Article 33 (1) of the Act shall be as provided for in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 26420, Jul. 20, 2015]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Statutes)
Presidential Decree No. 4434, the Enforcement Decree of the Labor Relations Commission Act shall be repealed.
Article 3 (Transitional Measures on Cases under Jurisdiction of Labor Relations Commission)
Notwithstanding the provisions of attached Table 1, cases being handled by the Gyeongnam Regional Labor Relations Commission pursuant to former provisions as at the times this Decree enters into forces shall be handled by the Gyeongnam Regional Labor Relations Commission.
Article 4 (Transitional Measures on Ulsan Metropolitan City)
"Ulsan Metropolitan City" under the entries of jurisdiction of the Busan Regional Labor Relations Commission in attached Table 1 shall be regarded as "Ulsan-si" until July 14, 1997.
Article 5 (Relations with Other Statutes)
Where other statutes cite the former Enforcement Decree of the Labor Relations Commission Act or any provisions thereof as at the time this Decree enters into force, if there exist provisions equivalent thereto under this Decree, such statutes shall be regarded as citing this Decree or the equivalent provisions of this Decree in lieu of the former provisions.
ADDENDA <Presidential Decree No. 15680, Feb. 24, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15740, Feb. 28, 1998>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Members of Labor Relations Commission) The members of the Gyeongbuk Regional Labor Relations Commission under the amended provisions of attached Tables 1 and 2 shall be newly commissioned within three months after this Decree enters into force. In such cases, the term of office of the newly commissioned members shall be counted from the date when they are commissioned.
(3) (Transitional Measures concerning Cases belonging to Labor Relations Commission) The Daegu Regional Labor Relations Commission and Gyeongbuk Regional Labor Relations Commission under the previous provisions as at the time this Decree enters into force shall exist until organization of the members of the Gyeongbuk Regional Labor Relations Commissions is completed pursuant to this Decree, and cases being handled by the Daegu Labor Relations Commission and Gyeongbuk Labor Relations Commission and new cases filed within the jurisdictions of the aforesaid two Labor Relations Commissions after this Decree enters into force shall be handled by the same Labor Relations Commissions until the members of the Gyeongbuk Regional Labor Relations Commission are completely organized.
ADDENDUM <Presidential Decree No. 16460, Jun. 30, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19972, Mar. 27, 2007>
(1) (Enforcement Date) This Decree shall enter into force on April 1, 2007.
(2) (Applicability to Appointment of Public Interest Members) The amended provisions of Article 6 shall begin to apply with the first public interest member commissioned after this Decree enters into force.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22801, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Imposition of Administrative Fines)
(1) Where the standards for imposition of administrative fines are applied to any offense committed before this Decree enters into force, the former provisions shall apply, notwithstanding the amended provisions of attached Table 3.
(2) The administrative fines imposed due to any offense committed before this Decree enters into force shall not be included in the calculation of the frequency of the offense pursuant to the amended provisions of attached Table 3.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26420, Jul. 20, 2015>
This Decree shall enter into force on July 21, 2015.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27920, Feb. 28, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Jurisdiction of the Labor Relations Commission)
Notwithstanding the amended provisions of attached Table 1, the former provisions shall apply to the jurisdiction of the Busan Regional Labor Relations Commission until organization of the members of the Ulsan Regional Labor Relations Commission is completed.
Article 3 (Transitional Measures concerning Members of Labor Relations Commission)
(1) The chairperson of the National Labor Relations Commission shall commission members of the Ulsan Regional Labor Relations Commission pursuant to the amended provisions of attached Table 2 within three months after this Decree enters into force.
(2) Where the number of the members of the Busan Regional Labor Relations Commission as at the time this Decree enters into force exceeds the fixed number prescribed in the amended provisions of attached Table 2, the number of the relevant members shall be deemed the fixed number of members until the number of the relevant members matches the fixed number of members prescribed in the amended provisions of attached Table 2.