Regulations for the Mediation of Labor-Management Disputes（2017.03.15）
Amended on March 15, 2017
Article 24 When a member of the mediation committee and a mediator conduct mediation activities, they shall comply with provisions concerning mediation procedure as prescribed in Chapter II of the Act.
A member of the mediation committee or a mediator shall not execute the following actions:
1.Process improper interests while executing mediation activities;
2.Use violence or coercion while processing mediation activities;
3.Order parties or the person or business entity involved in the dispute to make statements without issue of a notification by the local competent authority in accordance with Paragraph 1 of the preceding article;
4.Enter the concerned business entity for interview without prior permission from the local competent authority issued in accordance with Paragraph 2 of the preceding article;
5.Execute any other action in violation of mediation ethics.
Should a member of the mediation committee or a mediator execute any of the actions prescribed in the preceding paragraph and any such commitment is deemed to have been executed by the local competent authority, he or she shall not be allowed to serve as a member of the mediation committee or as a mediator. Should he or she have been appointed by the local competent authority as a member of the mediation committee, he or she shall be dismissed immediately. Should he or she have obtained a mediation certificate of labor-management disputes and have materially violated any laws or regulations, the local competent authority shall report to and request that the central competent authority revoke his or her certificate.
Article 24-1 The central competent authority shall establish the Labor-Management Disputes Mediator’s Certificate Revocation Review Group (hereinafter referred to as the Review Group) to review the request made in accordance with Paragraph 2 of the preceding article in the event of the revocation of a mediator’s certificate.
The Review Group referred to in the preceding paragraph shall consist of 5 or 7 members. The central competent authority shall appoint a particular person to act as one of the members of the Review Group and its convener. The remaining members shall be selected from among experts and scholars. Members shall service for a term of two years.
When the Review Group holds a meeting, more than a half of the members shall attend the meeting. A resolution may be adopted only by way of a vote of more than two-thirds of the members present at the meeting.
The Review Group may invite administrative agencies, units or persons relevant to the matter under resolution to attend, state facts or issue comments at the meeting of the Review Group as it deems necessary.
When the Review Group holds a meeting, members shall appear in person for the review in any of the situations stated in Articles 32 and 33 of the Administrative Procedure Act.
The positions of members of the Review Group are unpaid positions. However, expert and scholar members shall receive an attendance allowance pursuant to regulations.