History

The Regulations are prescribed in accordance with Paragraph 3 to Article 43 of the Act for Settlement of Labor-Management Disputes (here-in-after referred to as the Act).

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.
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 is expired.

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.

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.
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.

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.

The party that files the application for an unfair labor practice decision is the applicant and the other party is the respondent.
Both the applicant and the respondent are the parties concerned of the unfair labor practice dispute.

When an applicant filing an application for a unfair labor practice decision in accordance with Article 40 of the Act, in addition to four copies submitted to the Board, he/she shall also provide transcripts or photocopies of application in accordance with the number of the respondents.
In case that an applicant appoints an agent, he/she shall also submit a written authorization.

After receiving the application for an unfair labor practice decision, the Board may designate one to three members to conduct a preliminary review and convene a board meeting within seven days.

The Board shall reject an application for an unfair labor practice decision when it has one of the following situations:
1. Violation of Paragraph 2 to Article 39 of the Act.
2. Situation referred to in Paragraph 6 to Article 44 of the Act.
3. Applicant applies in the name of a labor union, but it is actually not a labor union prescribed in the Labor Union Act.
4. When a labor union files an application in accordance with Paragraph 1 to Article 6 of the Collective Agreements Act, but it is not qualified as a bargaining unit as prescribed in Paragraph 3 to Article 6 of the same Act.
In case that an application for an unfair labor practice is inconsistent with the requirements referred to in Article 40 of the Act, the Board shall order the applicant to correct them within a given period. If the applicant cannot make the correction after the expiration of the period, the Board shall reject the application.
The Board shall reject the application in writing. The items listed in the written rejection shall apply, mutatis mutandis, Article 47 of the Act.

Except rendering decision for rejecting the application referred to in the preceding article, the Board shall send the transcripts or photocopies of application to the respondent, and may order the respondent to explain in writing.
After the date of receiving the transcripts or photocopies of application, the respondent shall submit the written explanation referred to in the preceding paragraph within seven days. When the respondent submits the written explanation, Article 7 shall be mutatis mutandis applied.

Applicant for an unfair labor practice decision may withdraw all or part of the application before the day when the final hearing procedure is held prior to the Board reaching an unfair labor practice decision in accordance with Article 46 of the Act. However, if the respondent has already made oral statements in the hearing, his/her consent shall be acquired.
Withdrawal of application for an unfair labor practice shall be made in writing. However, on the day when the final hearing procedure is held prior to the Board reaching an unfair labor practice decision, the withdrawal may be made orally to the Board.
Withdrawal that is made orally shall be recorded in the minute book, and it shall be sent to the respondent if he/she is not present.
Within seven days after the application for an unfair labor practice decision is withdrawn, the Board shall notify the respondent of the withdrawal.

The Board shall fairly process matters concerning the fact-finding, hearing and rendering of unfair labor practice decisions.

The Board meetings shall be presided over by the Chair of the Board. In case that the Chair of the Board cannot attend the meeting, he/she shall designate a board member to act on his/her behalf.

The Board, if necessary, may invite scholars, experts, other administrative institutions, related units or personnel that are concerned with the unfair labor practice decision to attend the meeting without voting right to make statements or provide their opinions.

When conducting a fact-finding in accordance with Paragraphs 2 to 3 to Article 44 of the Act, board members may make a fact-finding plan and take the following measures:
1. Notify the parties, persons or business entities concerned to provide oral or written statements.
2. Listen to opinions of the parties or question the witnesses.
3. Order an expert examiner to provide an examination report or question the expert examiner.
4. Notify institutions concerned to assist in providing documents, files, and items.
5. Enter into related business entities for interviewing and investigation.
When board members conduct a fact-finding, they shall make a fact-finding record.

When board members order one of the parties to provide related documents in accordance with Paragraph 2 to Article 44 of the Act but that party refuses to comply without justifiable reasons, they may, after evaluating all the circumstances, regard that the other party’s assertions on those documents or the facts derived from those documents are true.
Before finalizing the fact-finding, the board members shall give the party refusing to comply referred to in preceding paragraph an opportunity to state his/her opinions.

A fact-finding report made by board members shall include the following matters:
1. Place, day, month and year of the fact-finding.
2. The names of board members and the staff member who makes the record.
3. The case of unfair labor practice dispute.
4. The names of the attending parties, agents and other concerned persons allowed to present.
5. The outlines of assertions and statements made by the parties and concerned persons.
6. The statements of the witnesses and the examination results provided by the expert examiner.
7. The fact-finding record(s).
8. The fact-finding opinions.
The fact-finding report referred to in the preceding paragraph shall be submitted to the Board.

The Chair of the Board shall convene a board meeting within seven days when the board members made the fact-finding report.
The Board shall notify the parties to make oral statements during the hearing procedures in accordance with the final part of Paragraph 1 to Article 46 of the Act. If necessary, the Board may also notify concerned persons to make their statements.
Before the Board proceeds to conduct the hearing procedures referred to in the preceding paragraph, it shall set the hearing date and make a hearing notification including the time, day and place. The notification shall be sent to the parties and concerned persons.

The Board may openly proceed to conduct the hearing procedures referred to in the preceding article.
The Chair of the Board shall preside over the hearing procedures.
A questioning record shall be made and the following matters shall be listed:
1. The place, day, month and year of the statements that are made.
2. The names of board members and the staff member who makes the record.
3. The case of unfair labor practice dispute.
4. The names of the attending parties, agents and other concerned persons allowed to present.
5. The outlines of assertions and statements made by the parties and concerned persons.

The Board or the board members may order person who obstructs an fact-finding or hearing procedure to leave. Police assistance may be sought to remove the obstruction, if necessary.

The Board may conciliate the disputes for the parties any time during the procedures of rendering a decision on unfair labor practice.

For the decision made for the civil dispute that is derived from the stipulation of Paragraph 2 to Article 35 of the Labor Union Act, in case that one of the parties, within thirty days after the original copy of the decision has delivered, files a civil lawsuit to the court and suits the other party concerned as the defendant with the same civil dispute covered by the original decision, that party shall notify the Board immediately.

The consents deemed as both parties have reached in accordance with Paragraph 1 to Article 48 of the Act shall include the matter that is procedurally dismissed by a court ruling.

After a decision on the unfair labor practice has been approved by the court, the Central Competent Authority shall send the decision to the parties.

In case that a court refuses to approve the decision on the unfair labor practice that is sent to the court by the Board for approval, the Central Competent Authority shall send the ruling of the court to the Board for action to be taken.
When the Board is taking action on the matter, it shall review the opinions of the parties.

The transportation allowances and per diem for witnesses and expert examiners shall be paid in accordance with the criteria stipulated in the regulations governing domestic transportation allowances and per diem for civil servants with the recommended appointment rank. The expense for expert examination shall be decided by the Central Competent Authority in accordance with the simplicity and complexity of the case involved.
The expenditures prescribed in the preceding paragraph shall be paid by the Central Competent Authority from its budget.

The Regulations shall become effective on May 1, 2011.