Judgement case termination
Judgement case termination
- The Local Labor Relations Commission will terminate the case if there is a withdrawal, reconciliation or judgment. (Article 74 (1) of the Rules of the Labor Relations Commission)
Judgment
- The Local Labor Relations Commission shall notifythe parties of the decision in writingwithin 30 days after the conclusion of the judgment. (Article 74(2) of the Rulesof the Labor Relations Commission)
- In case of dissatisfaction with the judgment, the above notification should include the possibility of filing an application for retrial or filing an administrative suit. (Article 74 (3) of the Rules of the Labor Relations Commission)
Withdrawal
- The applicant may withdraw all or part of the application in writing until the judgment is reached. (Article 75 (1) of the Rules of the Labor Relations Commission)
- Upon receipt of the withdrawal, the head of the Local Labor Relations Commission shall terminate the case and notify both parties in writing. (Article 75 (2) of the Rules of the Labor Relations Commission)
Compromise
- Applying compromise
· When the parties intend to apply for reconciliation, they must submit an application for compromise. (Body part of Article 68 and attached Form 20 of the Rules of the Labor Relations Commission)
※ However, in an interrogation meeting, the parties can apply for reconciliation by oral. (Proviso to Article 68 of the Rules of the Labor Relations Commission)
- Recommendation for compromise
· The Local Labor Relations Commission may recommend reconciliation or present a reconciliation plan until a decision, order, or decision is made under an application for unfair dismissal relief. (Article 16-3 (1) of the Labor Relations Commission Act)
- Establishment of reconciliation
· The Local Labor Relations Commission shall prepare a compromise protocol when the parties accept the reconciliation plan. (Article 16-3 (3) of the Labor Relations Commission Act and Article 71 (1) of the Rules of the Labor Relations Commission)
· The compromise protocol shall be established by signing or sealing by all members of the committee involved in reconciliation with the parties concerned (including a single trial under Article 15-2 of the Labor Relations Commission Act). After the reconciliation has been established, the parties cannot reverse it. (Article 16-3 (4) of the Labor Relations Commission Act and Article 71 (2) of the Rules of the Labor Relations Commission)
- Sending compromise protocol
· The head of Local Labor Relations Commission shall send the original copy of the compromise protocol to the parties by certified mail within five days from the date of settlement. (Article 72 of the Rules of the Labor Relations Commission)
- Effects of compromise protocol
· The compromise protocol was prepared when the parties accepted the conciliation plan, and was signed by all the parties and all the members concerned, it shall have the effect of judicial reconciliation under the Civil Procedure Act. (Article 16-3 (5) of the Labor Relations Commission Act)
Confirmation and effect of relief orders, etc.
Confirmation and effect
- Any employer or worker who disagrees with relief order or rejection decision of the Local Labor Relations Commission may apply for a retrial with the National Labor Relations Commission within 10 days from the date of notification of the relief order or rejection decision. (Article 31 (1) of the Labor Standards Act)
- If an application for retrial is not filed within 10 days from the date of notification, relief order and the decision to dismiss will be finalized. (Article 31 (3) and Article 31 (1) of the Labor Standards Act)
Effect of relief orders
- The local labor commission's relief orders or rejections will not be suspended by an application for retrial of the National Labor Relations Commission under Article 31 of Labor Standards Act. (Article 32 of the Labor Standards Act)
Enforcement fine
Imposition of enforcement fine
- The Local Labor Relations Commission imposes an enforcement fine of up to 30 million won onemployees who fail to comply with the order or remedy (includinga retrial decision on the order for remedy) by the deadline. (Article33(1) of the Labor Standards Act)
※ Period of the Relief Order
· 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)