Period of filing
Period of filing
- “With respect to the retrial judgment 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)
- The lawsuit that can be filed by an employee has a cancellation suit and a confirmation litigation of nullity.
Confirmation and effect of relief order
Confirmation of relief order
- If the parties do not file an administrative suit within 15 days from the date of retrial judgment paper, the relief order and decision to reject or retrial judgement shall be finalized. (Article 31 (3) of the Labor Standards Act)
Effect of relief order
- The Labor Relations Commission's decision to re-judge will not be suspended by filing an administrative suit. (Article 32 of the Labor Standards Act)
Parties to a revocation litigation
Plaintiff in a revocation litigation
- Employers or workers with legal benefits may file a lawsuit to withdraw the reexamination by the National Labor Relations Commission. (Article 31 (2) of the Labor Standards Act and Former part of Article 12 of Administrative Litigation Act)
Defendant in a revocation litigation
- In case of revocation litigation, the head of the National Labor Relations Commission will be the defendant. (Article 27 (1) of the Labor Relations Commission Act and Article 13 (1) of Administrative Litigation Act)
Illegality determination
Illegality determination
- Revocation litigation is subject to judgment whether or not there is any illegality to withdraw the retrial. (See the Supreme Court Aug. 31, 1963, 63Nu 111)
- Whether a retrial is illegal or not should be judged on the basis of a disposition (rejudgment) rather than on the basis of a judgment (conclusion of oral proceedings).(See the Supreme Court Oct. 11, 1996, 96 Nu 6172)
Confirmation and Effect of judgment
Confirmation of judgment
- The judgment shall not be finalized when a legitimate appeal is filed within the period of filing an appeal. (Article 8 of the Administrative Litigation Act and Article 498 of the Civil Procedure Act)
※ If period of time of appeal passes without appeal, the judgment will be finalized.
Effect of Final judgment
- Binding force
· The final decision to withdraw will bind the National Labor Relations Commission, which is a party to the case. (See Article 30 (1) of the Administrative Procedure Act)
- Re-disposition of National Labor Relations Commission
· If the court's ruling to cancel the retrial is finalized, it will go through a decision by the Appeals Commission and the National Labor Relations Commission shall re-dispose the case. (Body part of Article 99 (1) of Rules of the Labor Relations Commission Act)
· However, if the court's final ruling is to cancel the rescue order, etc, it can be re-disposed without a decision by the Appeals Commission. (Proviso to Article 99 (1) of Rules of the Labor Relations Commission Act)
※ If there is an application or consent from the parties, they may be re-disposed by a single trial. (Article 99 (4) of Rules of the Labor Relations Commission Act)
· If there is an application for re-disposition according to the above, a written decision shall be sent to the party involved in the case. (Article 99 (2) of Rules of the Labor Relations Commission Act, attached Form 34)