ENGLISH
Dismissed Worker
Definition and scope of judgment
Definition and scope of judgment- Judgment refers to a legaljudgment on the recognition or rejection (including dismissal) of a request forremedy based on the results of an investigation or interrogation by theparties. Ifsome or all contents of the request for remedy have reasons for remedy, thecourt shall order the remedy to be proceeded with; if there is no reason forthe request for remedy, the court shall reject (or dismiss) the application of remedy(See Article 60 of the Rules of the Labor Relations Commission).
- The Local Labor Relations Commission may determine within the scope of the worker's application for relief. (Article 58 of the Rules of the Labor Relations Commission)
Judgment procedure Judgment meeting- If the Appeals Commission concludes its interrogation, it shall hold a judgment meeting. (Article 59 (1) of the Rules of the Labor Relations Commission)
Taking minutes- The investigator shall take the minutes containing the selection of the chairperson, whether the meeting was made public, opinions of the members of the workers' committee and the employer's committee, the summary of the discussion, the resolutions, etc. (Forms 61 (1) and the attached From 15 of the Rules of the Labor Relations Commission)
Completing the Judgment- Appeals Commission shall complete a judgment based on the resolutions. (Article 62 (1) and attached Form 16 of the Rules of the Labor Relations Commission)
- The judgment shall include the following (Article 62 (2) of the Rules of the Labor Relations Commission) :
· Case name
· Party concerned
· Judgment date
· Order
· Purpose of application
· Reasons (the parties, the process for applying the relief, the summary of the parties' claims, recognition facts, relevant statutes and regulations, judgments and conclusions)
· The name of the Local Labor Relations Commission and Appeals Commission
- In the event of an order for unfair dismissal relief the deadline for performance must be specified within 30 days of the order. (Article 62 (3) of the Rules of the Labor Relations Commission)
- The Local Labor Relations Commission must send the original copy of the judgement to the parties. (Article 62 (5) of the Rules of the Labor Relations Commission)
Types of judgement Decision of rejection- The Appeals Commission shall reject any of the following cases (Article 60 (1) of the Rules of the Labor Relations Commission) :
· Where the application period under the relevant statutes has expired
· Where a supplementary request under Article 41 of the Rules of the Labor Relations Commission has been made more than twice but has not been supplemented
· Where the same party has repeatedly filed an application for relief to the same effect or where the same party has filed an application for relief, even though it has a firm decision to the same effect(including a reconciliation protocol under Article 16-3 of the Labor Relations Commission Act), or where the application is withdrawn and raised again after the judgment.
· Where it is clear that the contents of the relief application cannot be realized by statute or in effect, or that there is no benefit from the application
· Either the applicant refuses toattend theinterrogation more than two times, or the notice of attendance isreturned at least two times due to an unknown address or location, where it isdeemed that he/she has given up his/her intention to apply for other reasons
Rejection decision- If the Appeals Commission determines that it is not an unfair dismissal, it must decide to reject the request for help. (Article 60 (2) of the Rules of the Labor Relations Commission)
Relief order- The Local Labor Relations Commission will give an order of relief to the employees if it finds that the dismissal was unfair. (Article 60 (2) of the Rules of the Labor Relations Commission)
- When the Local Labor Relations Commission issues an order for relief to an employer pursuant to Article 30 (1) of the Labor Standards Act, it shall set a deadline for implementation. In this case, the deadline for implementation shall be within 30 days from the date the employer is notified in writing of the relief order pursuant to Article 30 (2) of the Labor Standards Act. (Article 11 of the Enforcement Decree of the Labor Standards Act)
Contents of the Relief Order Reinstatement order- If the Local Labor RelationsCommission judges that the dismissal is unfair, it may order to pay the wageallowance in money during the reinstatement or dismissal period (Article 30 (3) of the Labor Standards Act and See Article 64of the Rules of the Labor Relations Commission).
Money compensation order- The Local Labor Relations Commission may order an employee to pay a substantial amount of wages to the employee during the dismissal period, instead of reinstatement, if the employee does not want to be reinstated. (Article 30 (3) of the Labor Standards Act)
- Applying money compensation order
· If a worker does not want to return to work, he/she can apply for a money compensation order. (Article 64 (1) of the Rules of the Labor Relations Commission)
· An employee may apply for a monetary compensation order if he/she does not want to be reinstated, in a review case for relief of unfair dismissal as filed by the employer (Article 64 (2) of the Rules of the Labor Relations Commission).
· The employee who wants to apply for the above monetary compensation order shall submit an application for the money compensation order before he/she is notified of the date of the meeting. (Article 64 (3) and attached Form 17 of the Rules of the Labor Relations Commission)
- Calculation of money compensation amount
· When a worker applies for a money compensation order, the Labor Relations Commission may order the party to submit data necessary for calculating the amount, such as a labor contract, wage register, etc. (Article 65 (1) of the Rules of the Labor Relations Commission)
· The period for calculating the amount of compensation shall be from the date of dismissal to the date of judgment of the case. (Article 65 (2) of the Rules of the Labor Relations Commission)
- Method of money compensation order
· When the Local Labor Relations Commission issues an order for monetary compensation, it shall specify the amount of compensation and the deadline for implementation within 30 days from the date of the order for relief. (Article 66 of the Rules of the Labor Relations Commission)
If the employee’s return to his/her original positionis impossible- Even when theemployee’s return to his/her original position is impossibledue to the termination of the Labor Agreement or the employee reaching the ageof retirement, the National Labor Relations Committee shall order remedy ordetermine whether the application of remedy shall be dismissed (or rejected) (FormerPart of Article 30(4) of the Labor Standards Act).
- If the National Labor Relations Committee rules that the employee has been wrongfully dismissed, it may order the employer to pay money or valuables for the employee’s period of dismissal equivalent to the amount of wage the employee receives for attending the office (Latter Part of Article 30(4) of the Labor Standards Act).
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