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Korea - Labor Relations Board act - Chapter 11 (6)

发布人:春秋智谷  /  发布时间:2021-03-16 14:33:43  

CHAPTER II ORGANIZATION

Article 6 (Organization, etc. of Labor Relations Commissions)(1) A Labor Relations Commission shall be comprised of members representing workers (hereinafter referred to as "workers’ members"), members representing employers (hereinafter referred to as "employers’ members"), and members representing public interests (hereinafter referred to as "public interest members").

(2) The number of members of a Labor Relations Commission shall, within the following scope, be determined by Presidential Decree, taking account of the work load of the relevant Labor Relations Commission. In such cases, workers’ members and employers’ members shall be equal in number:

1. For workers’ members and employers’ members: At least 10, but not exceeding 50 persons, respectively;

2. For public interest members: At least 10, but not exceeding 70 persons.

(3) Workers’ members shall be appointed from among persons recommended by the trade union, and employers’ members shall be appointed from among persons recommended by the employers’ association, classified as follows:

1. For the National Labor Relations Commission: appointed by the President upon the recommendation of the Minister of Employment and Labor;

2. For a Regional Labor Relations Commission: appointed by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of the relevant Regional Labor Relations Commission.

(4) Those persons remaining after the trade union and the employers’ association exclude in order any person from among those recommended by the chairperson of the relevant Labor Relations Commission, trade union, and employers’ association, respectively, shall become the persons entitled to be appointed as public interest members eligible for appointment, and, public interest members shall be appointed from among such persons entitled to be appointed as public interest members, classified as follows:

1. For the public interest members of the National Labor Relations Commission: appointed by the President upon the recommendation of the Minister of Employment and Labor;

2. For the public interest members of a Regional Labor Relations Commission: appointed by the chairperson of the National Labor Relations Commission upon the recommendation of the chairperson of a Regional Labor Relations Commission.

(5) Notwithstanding the provisions of paragraph (4), where the trade union or the employers’ association rejects procedures for recommending public interest members or procedures for eliminating the recommended public interest members in order, the chairperson of the relevant Labor Relations Commission may select public interest members eligible for appointment.

(6) Public interest members shall be commissioned as classified below:

1. Public interest members in charge of adjudication;

2. Public interest members in charge of correction of discriminatory treatment;

3. Public interest members in charge of mediation.

(7) Procedures for recommending members of a Labor Relations Commission, methods of excluding in order public interest members, and other matters necessary for the appointment of members shall be prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]

Article 6-2 (Relief of Rights by Proxy for Socially Vulnerable Groups)(1) In cases concerning the adjudication, decision, approval, recognition, or correction of discriminatory treatment, etc. referred to in subparagraph 1 of Article 2-2, the Labor Relations Commissions may have an attorney-at-law or certified public labor attorney conduct business for the relief of rights by proxy for the socially vulnerable groups.

(2) Those matters necessary for having an attorney-at-law or certified public labor attorney perform duties of the relief of rights by proxy for the socially vulnerable groups pursuant to paragraph (1), including matters concerning the requirements and objects, and the remuneration of the attorneys-at-law and certified public labor attorneys, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Wholly Amended by Act No. 13044, Jan. 20, 2015]