pplication of retrial
Application of retrial
- 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 under Form31, Form31-4, Form31-5. (Article 31 (1) of the Labor Standards Act and Article 90 (1) of the Rules of the Labor Council)
- If the above application for retrial is submitted to the local labor committee, this date shall be deemed the date when the application for retrial is submitted to the National Labor Relations Commission. (Article 90 (2) of the Rules of the Labor Council)
- If the parties do not apply for a retrial within the above period, relief order and the decision to dismiss by Local Labor Relations Commission will be finalized. (Article 31 (3) of the Labor Standards Act)
Scope of retrial
Scope of retrial
- The parties' application for retrial shall not exceed the scope of the first trial. (Former part of Article 89 of Rules of Labor Relations Commission)
- The review and judgment of the National Labor Relations Commission shall be made within the scope that the parties applied. (Latter part of Article 89 of Rules of Labor Relations Commission)
※ Succession of workers' status
· Where an employee dies after an employee files an application for a retrial in response to an order for monetary compensation from the Local Labor Relations Commission, the heir may apply to the National Labor Relations Commission for the succession of applicant's status. (Article 91 of the Rules of the Labor Relations Commission)
Retrial judgement
Retrial judgement
- The National Labor Relations Commission shall reject the application for retrial if the application fails to meet the requirements. If there is no reason for the appeal, it shall reject. But if there is any reason, the National Labor Relations Commission shall cancel the disposition of the Local Labor Relations Commission and dismiss or reject the relief order (Article 94 (1) of the Rules of the Labor Relations Commission)
- If the National Labor Relations Commission determines that it is inappropriate to keep the original relief order intact due to the disappearance of labor relations or the closure of the workplace, it may change the contents. (Article 94 (2) of the Rules of the Labor Relations Commission)
Service by public notice
- The head of Labor Relations Commission may order the service by public notice if the person who is required to receive the documents falls under any of the following reasons (Article 195 (1) of Rules of Labor Relations Commission and Article 17-3 (1) of the Labor Relations Commission Act) :
· If the address is not clear
· Where it is difficult to deliver documents because the address is overseas or cannot be verified by the usual method
· In the case that the service is sent by registered mail, etc. but no one has been confirmed to receive the service and is returned
- Service by public notice shall be made by keeping documents to be delivered by the National Labor Relations Commission and posting the reasons and details on the bulletin board or Internet homepage. (Article 195 (2) of the Rules of the Labor Relations Commission)
- Service by public notice shall take effect 14 days after the date of posting in accordance with the above. (Article 195 (3) of the Rules of the Labor Relations Commission)
Retrial case termination
Retrial case termination
- The National Labor Relations Commission terminates the retrial case if any withdrawal, reconciliation or judgment is made. (Article 33 and 74 (1) of the Rules of the Labor Relations Commission)
Judgment
- The National Labor Relations Commission shall notify the parties of the result in writing within 30 days after the termination of retrial. (Article 33 and 74 (2) of the Rules of the Labor Relations Commission)
- In case of dissatisfaction with the judgment, the above notification should include the possibility of filing an administrative suit. (Article 33 and 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 National Labor Relations Commission shall terminate the case and notify both parties in writing. (Article 33 and 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 of the Rules of the Labor Relations Commission and attached Form 20)
※ 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 National 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 28 of Labor Standards Act). (Article 16-3 (1) of the Labor Relations Commission Act)
- Writing a reconciliation plan
· TheNational Labor Relations Commission shall draft a proposal ofcompromise by thoroughly examining the compromise application and the compromiseconditions of the parties, hearthe opinion of the relevant parties in full in drawing up a proposal ofcompromise, and fully explain the details thereof to the parties (Article16-3(2) ofthe Labor Relations Commission Act and Article 70(1) and AttachedForm 21 of the Rules of the Labor Relations Commission)
- Establishment of compromiseand protocol of preparation of compromise
· The National 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, attached Form 21, Form 22)
· 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 National 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 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 retrial
Confirmation of retrial
- With respect to the retrial judgement of the National Labor Relations Commission, the employer or worker may file a complaint in accordance with the provisions of the Administrative Litigation Act within 15 days from the date of retrial judgment paper. (Article 31 (2) of the Labor Standards Act)
- If the parties do not file an administrative suit within 15 days from the date of retrial judgement, it shall be finalized (Article 31 (3) of the Labor Standards Act).
Effect of retrial judgement
- Retrial judgement will not be suspended by filing an administrative suit of the National Labor Relations Commission. (Article 32 of the Labor Standards Act)