Article Content

  Chapter II Formation of the Board for Decision on the Unfair Labor Practices and Appointment of the Members

Article 2
The Board for Decision on the Unfair Labor Practices (here-in-after referred to as the Board) shall have seven to fifteen members who shall be appointed by the Central Competent Authority for a term of service of two years. Board members shall elect among themselves one as the Chair of the Board.
The Board shall have one to three standing board members selected and appointed by the central competent authority among the board members.
The number of board members of either gender shall not be less than one-third of the total members.
In case that there is a vacancy on the Board, the Central Competent Authority shall appoint a new member to serve until the term of service of other incumbent members expires.
Article 2-1
The Chair of the Board shall comprehensively review and handle relevant matters for disputed cases.
The members of the standing board shall perform the following duties for proper handling of the disputed cases:
1. Track the progress of the handling of disputed cases.
2. Review the investigation procedures of disputed cases.
3. Submit comments on the investigation reports and decisions of the disputed cases.
4. Provide consultation on the system for rendering decisions regarding unfair labor practices, etc.
5. Other matters to facilitate the proper handling of disputed cases.
Article 3
The Central Competent Authority shall appoint a person who is familiar with labor statutes and regulations and labor-management relations and also has one of the following qualifications as a member of the Board.
1. Person who has served or is currently serving as a judge, public prosecutor, attorney-at-law, or others with professional or technical practice in accordance with related statutes for no less than five years.
2. Person who has served or is currently serving as an assistant professor or above teaching law, labor-related courses or social sciences at universities or colleges certified by the Ministry of Education for no less than five years.
3. Person who has other experiences adequately proving that he/she is familiar with labor statutes and regulations and labor-management relations.
Article 4
A person with one of the following situations is not qualified to be appointed as a member of the Board:
1. Person who has been declared as suspending civic rights which have not yet being restored.
2. Person who has been declared as bankruptcy which has not yet being restored.
3. Person who has started to undergo liquidation procedures in accordance with the Statute for Consumers’ Debts Clearance and his/her financial transaction rights have not yet being restored.
4. Person who has been declared under guardianship or supervision and the declaration has not yet being revoked.
5. Person who has been sentenced to imprisonment for more than one year, but not including the one who committed crime due to negligence, or has been declared a reprieve.
Article 5
The Central Competent Authority, after investigating and confirming, shall dismiss an appointed member with one of the following situations:
1. Member who does not have one of the qualifications referred to in Article 3.
2. Member who has one of the situations referred to in the preceding article.
Article 6
A board member shall voluntarily evade provided any one of the following situations:
1.Once was the member of mediation committee or mediator for such dispute case.
2.A board member or his/her spouse or former spouse is the co-obligee or co-obligor of the concerned party for such dispute case.
3.A board member or his/her spouse, former spouse, blood relation within the fourth degree or relation by marriage within the third degree or the person who once had such relations is a party in dispute case.
4.Currently is or once was the agent, parent or family member of a party in such dispute case.
5.Where the labor union is a party in the dispute case, a board member is the member, director, supervisor or conference staff of labor union.
6.Where the employer group or employer is a party in the dispute case, a board member is the member, director, supervisor, conference staff or employee of such employer group or employer.
7.There are specific facts sufficient to identify the biased duty performance.
Article 7
Provided any one of the following situations, the parties may apply to the Central Competent Authority for evasion of board members:
1.A board member fails to evade voluntarily under the situations as prescribed in preceding article.
2.There are specific facts sufficient to identify the biased duty execution by a board member.
After having made statements on the unfair labor practice decision, the parties shall not apply for evasion of a board member according to the preceding two paragraphs, except for the reason for evasion occurs or is known thereafter.
Article 8
The reason and facts for application for evasion of a board member shall be submitted to the Central Competent Authority for application.
Appropriate explanation for the reason and facts in preceding paragraph and the facts prescribed in proviso in the second paragraph of preceding article shall be made within three days as of the date of application.
The board member who is being applied for evasion may propose opinion on such application.
Article 9
The board member who is being applied for evasion may actively evade after considering the applicant’s reason for evasion application.
Article 10
Center Competent Authority shall submit to the Board for handling within three days after receiving the evasion application.
After acceptance, the Board shall make a resolution within seven days; if the board meeting cannot be convened due to insufficient quorum, the Chair of the Board will make a decision.
The resolution of the board meeting in preceding paragraph will be notified by the Central Competent Authority to the party applying for evasion.
Article 11
When a board member is being applied for evasion, before such application event is permitted or rejected, he/she shall stop participating in decision rendering procedure. But in case of urgent situation, the Chair of the Board may carry out necessary handling.