Investigation and interrogation
Investigation and interrogation
- Upon receipt of an application of for unfair dismissal relief under Article 28 of the Labor Standards Act, the Local Labor Council shall, without delay, conduct necessary investigations and interrogate the relevant parties. (Article 29 (1) of the Labor Standards Act)
- When the Local Labor Relations Commission interrogates the parties concerned, the witness may be asked to appear at the request or ex officio of the parties concerned. (Article 29 (2) of the Labor Standards Act)
- When the Local Labor Relations Commission interrogates the related parties, the parties shall be given sufficient opportunity to present evidence and tointerrogate witnesses against it. (Article 29 (3) of the Labor Standards Act)
- The detailed procedures for investigation and interrogation by Local Labor Relations Commission shall be as prescribed by the Central Labor Commission under the Labor Relations Commission Act. (Article 29 (4) of the Labor Standards Act)
Investigation procedure
Commencement of investigation
- The investigator shall deliver copies of the relief application and reason sheet submitted by the applicant in the case to the other party and he shall require that a written answer be submitted and the copy of the written answer should be delivered to the applicant without delay. (Article 45 (2) of the Rules of the Labor Relations Commission)
Investigation of fact, etc. of an unfair dismissal relief application
- Request for submission of evidence
· The Local Labor Relations Commission may request the parties to submit relevant data if it needs evidence of a relief request. (Article 46 (1) of the Rules of the Labor Relations Commission.)
- Examination of witnesses and reference persons
· The Local Labor Relations Commission may, have the parties, witnesses or witnesses present for questioning, if the parties' claims are inconsistent. (Former part of Article 46 (2) of the Rules of the Labor Relations Commission)
※ In the above cases, the investigation may be substituted by the preparation and submission of a statement. (Latter part of Article 46 (2) of the Rules of the Labor Relations Commission)
- Investigation of work status, documents, etc.
· A member or investigator may visit a business establishment, etc. to check the status of his/her work, documents, and other items to verify the facts. (Former part of Article 46 (3) of the Rules of the Labor Council)
※ In this case, a certificate proving its authority shall be presented to the person concerned. (Latter part of Article 46 (3) of the Rules of the Labor Relations Commission)
Interrogation procedure
Holding an interrogation meeting
- The Local Labor Relations Commission is required to hold an interrogation meeting within 60 days from the date of receipt of the case. (Article 29 (1) of the Labor Standards Act and body part of Article 51 of the Rules of the Labor Relations Commission)
※ However, if there is an application for postponement under Article 53 of the Rules of the Labor Relations Commission or if a considerable period of time is required for investigation, such as a case involving a large number of persons, the period may be extended with the approval of the head of the labor commission or the head of the Appeals Commission (but, if it is before the head of the Appeals Commission is elected by mutual vote, it shall be the head of labor commission or the standing member of the labor commission, among the members of the Appeals Commission, or if the head of labor commission or the standing member of the labor commission is not included in the Appeals Commission, it shall be the most senior member (Article 29(4) of the Labor Standards Act and Proviso to Article 51 of the Rules of the Labor Relations Commission)
Notice of interrogation schedule
- The Appeals Commission must set a date for the interrogation and send a notice of the interrogation schedule to the parties seven days before the date of the interrogation meeting. (Article 52 (1) and attached Form 11 of the Rules of the Labor Relations Commission)
- The parties notified of the interrogation schedule must submit to the Labor Relations Commission the names of those present at the meeting before the meeting is held. (Article 52 (3) and attached Form 12 of the Rules of the Labor Relations Commission)
※ If there is a reasons postponement under Article 53 (1) of the Rules of the Labor Relations Commission, upon notification of the schedule, the person may apply for a postponement of the interrogation meeting three days before the date of the meeting. (Body part of Article 53 (1) and attached Form 13 of the Rules of the Labor Relations Commission)
Commencement of interrogation
- The interrogation meeting will be held with both parties present. (Body part of Article 54 (2) of the Rules of the Labor Relations Commission)
※ However, if either party does not attend without justifiable reasons, it will not proceed. (Proviso to Article 54 (2) of the Rules of the Labor Relations Commission)
- If a party wishes to attend an interrogation meeting with a witness, it must obtain approval from the head of the Appeals Commission before the meeting is held. (Article 54 (3) of the Rules of the Labor Relations Commission)
- The head of the Local Labor Relations Commission shall have one member of the Employee Committee and one member of the Employer Committee participate in the interrogation meeting. (Body part of Article 54 (5) of the Rules of the Labor Relations Commission)
※ However, this is not the case for single trial. (Proviso to Article 54 (5) of the Rules of the Labor Relations Commission)
Progress of interrogation
- The head of the Appeals Commission shall conduct an interrogation meeting, and the members who participate in the interrogation may interrogate the parties and witnesses. (Article 55 (1) of the Rules of the Labor Relations Commission)
- The parties shall answer the questions of the members in good faith, if they want to make a statement outside of the interrogation, they need to get approval from the head of the Appeals Commission. (Article 55 (3) of the Rules of the Labor Relations Commission)
- When the head of the Appeals Commission intends to terminate an interrogation, he shall give the party the opportunity to make a final statement. (Article 55 (4) of the Rules of the Labor Relations Commission)
Interrogation of witness
- The partiesmay apply for a witness by submitting a witness application and witness hearing details 5 days before thedate of hearing toprove their claim at hearing(Article 56(1), Attached Form 14, and Attached Form 14-3 of the Rules of theLabor Relations Commission).
-If necessary, the chairperson of the Committee on Adjudication may designate awitness ex officio and have him/her attend the hearing (Article 56(2) of theRules of the Labor Relations Commission).
- The head ofthe Local Labor Relations Commission shall decide whether toaccept the witnesses requested by the above parties or to designate thewitnesses ex officio by the chairperson of the Committee on Adjudication and shallnotify the following persons of the result thereof at least 2 days prior to thedate of hearing (Article56(4) and Attached Form 14-2 of the Rules of the Labor Relations Commission).
· If the head decides to accept the witness requested: Therequesting party and the accepted witness
· If the witness is designated ex officio: Designated witness
- The parties applying for awitness must attend the hearing along with the witness accepted as above (Article 56(6) of the Rules of the Labor RelationsCommission).
- The head of the Appeals Commission may, if necessary, have a witness attend an interrogation meeting by his authority. (Article 56 (4) of the Rules of the Labour Committee)
- The head of the Appeals Commission shall give the parties an opportunity to interrogate or cross-examine when a witness is present. (Article 56 (5) of the Rules of the Labor Relations Commission)