Investigation and inquiry by the Labor Relations Commission
How investigation is done and inquiries are made
- Upon receiving a request for correction of discriminatory treatment, the Labor Relations Commission shall, without delay, conduct necessary investigations and question the parties concerned. It may also summon witnesses, either ex officio or at the request of the parties, to be questioned on relevant matters (Article 10(1) and (2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- In conducting inquiries, the Labor Relations Board must grant the parties concerned sufficient opportunities to present evidence and cross-examine witnesses (Article 10(3) of the Act on the Protection of Fixed-Term and Part-Time Employees).
The burden of proof
- The employer bears the burden of proof in disputes arising in connection to discriminatory treatment (Article 9(4) of the Act on the Protection of Fixed-Term and Part-Time Employees).
The Labor Relations Commission’s corrective order or decision to dismiss
Corrective order or decision to dismiss
- If the Labor Relations Commission determines after completing the investigation and inquiry that the treatment is discriminatory, it must issue a corrective order to the employer. If it determines that the treatment is not discriminatory, it must issue a decision dismissing the request for correction (Article 12(1) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- Any determination, corrective order, or decision of dismissal must be made in writing and delivered to the respective parties together with detailed reasons. A corrective order must list the specific details of the corrective order, compliance period, etc. (Article 12(2) of the Act on the Protection of Fixed-Term and Part-Time Employees)
Details of the corrective order
- The details of a corrective order may include cessation of the discriminatory action, improvement of working conditions, such as wages (including an order for institutional improvements, such as employment rules, collective agreement, etc.), appropriate monetary compensation, etc. (Article 13(1) of the Act on the Protection of Fixed-Term and Part-Time Employees)
- The amount of monetary compensation is determined based on the amount of damages sustained by the fixed-term or part-time employee as a result of the discriminatory treatment. However, if the discriminatory treatment is clearly willful or occurred repeatedly, the Labor Relations Commission may order monetary compensation of up to three times the amount of damages (Article 13(2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
Appeal procedure and finalization of the corrective order
- A concerned party who objects to the Regional Labor Relations Commission’s corrective order or decision to dismiss may make a request at the National Labor Relations Commission for a retrial within 10 days of being served the corrective order or decision to dismiss (Article 14(1) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- A concerned party who objects to the National Labor Relations Commission’s decision on retrial may file an administrative lawsuit within 15 days of being served the decision on retrial (Article 14(2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- If no request for retrial is made within 10 days of the date on which the Regional Labor Relations Commission served the corrective order or decision to dismiss, or no administrative litigation is brought within 15 days of the date on which the Regional Labor Relations Commission served the decision on retrial, such corrective order or decision to dismiss will be final and conclusive (Article 14(3) of the Act on the Protection of Fixed-Term and Part-Time Employees).
※ The head of a regional employment and labor office may investigate the discriminatory treatment of fixed-term or part-time employees at the business or workplace obligated to comply with a final and conclusive corrective order, other than the employees protected by the corrective order, and require correction where discriminatory treatment is found (Article 15-3(1) of the Act on the Protection of Fixed-term and Part-time Employees; subparagraph 2-2 of Article 5 of the Enforcement Decree of the Act on the Protection of Fixed-Term and Part-Time Employees).
Sanctions for noncompliance with corrective order
- An employee who made a request for correction may report the employer’s failure to comply with a final and conclusive corrective order to the head of the regional employment and labor office (Article 15(2) of the Act on the Protection of Fixed-Term and Part-Time Employees).
- An employer who fails without good cause to comply with a final and conclusive corrective order is subject to administrative fines of no more than KRW 100 million (Article 24(1) of the Act on the Protection of Fixed-Term and Part-Time Employees).