History
History
A foundation for the establishment of the Labor Relations Commission (LRC) was laid down in 1953 when a modern labor legislation - four labor acts - was formulated and enforced for the first time in the history of the Republic of Korea: the Trade Union and Labor Relations Adjustment Act (TULRAA), the Labor Disputes Adjustment Act (LDAA), the Labor Relations Commission Act (LRCA), and the Labor Standards Act (LSA). Thereafter, about 65 years have passed. The LRC in its naissance was incomparably limited in responsibilities, let alone the small size of its organization and legally vulnerable status. However, the LRC has continued to grow in the midst of dynamic changes and development in both workplaces and industrial relations since the formation of legal grounds. Besides the National Labor Relations Commission (NLRC), the Regional Labor Relations Commissions (RLRCs) continued to add up and the status of the Chairperson, the composition of the LRC, qualification of the LRC members, and a secretariat organization (administrative bureau) came to be in the present form after continuous changes and development. There have been many developments in responsibilities of the LRC. At the time of its introduction in 1953, they were mainly limited to mediation of labor disputes. Thereafter, a variety of functions were added in order to enhance the organization and the status of the LRC to a level commensurate with multiple functions: remedy for unfair labor practices in 1963, remedy for unfair dismissal, leave of absence, suspension from work, job transfer, wage cut and other disciplinary actions (hereinafter referred as “unfair dismissal, etc.”) by an employer in 1989, discrimination redress for non-regular workers in 2007, decision of maintenance and operation of essential public services in 2008, the matters related to union pluralism in 2011 and so forth.
Composition of the LRC meetings and change in their responsibilities
| Classification | Name of meetings | Composition | Responsibilities |
|---|---|---|---|
| Mar. 8, 1953 | Plenary session | All the members | ∙ Mar. 8, 1953~Dec. 30, 1980: Handling of tasks under the authority of the LRC (Mediation & Arbitration Committees, except for cases in which only public interest members were decided to participate) ∙ After Dec. 31, 1980: Decision of general matters such as operation of the LRC, etc. |
| Apr. 20, 1953 | Meeting of Mediation Committee members | One workers’ member, one employers’ member and one public interest member respectively | ∙ Matters concerning mediation of labor disputes (limited to general businesses after Mar. 13, 1997) |
| Apr. 17, 1963 | Meeting of Arbitration Committee members | Three public interest members * Three mediation-responsible public interest members after Mar.13,1997 |
∙ Matters concerning mediation of labor disputes |
| Dec. 31, 1980 | Meeting of public interest members(※ abolished after Mar. 13, 1997) | All the members | ∙ Examination and arbitration of accidents on duty ∙ Modification and cancellation of unlawful and unfair union constitutions and resolutions ∙ Appointment of a person who is to be authorized to convoke an extraordinary general meeting ∙ Resolution to dissolve an unlawful and unfair labor union ∙ Remedy for unfair labor practices ∙ Statutory interpretation in relation to handling of business affairs of the LRC |
| Dec. 31, 1980 | Meeting of the Three-Party Committee(※ abolished after Mar. 13, 1997) | One workers’ member, one employers’ member and one public interest member respectively | ∙ Modification and cancellation of unlawful and unfair collective agreements ∙ Regional binding force of collective agreements ∙ An order to stop industrial actions and resolution on emergency adjustment ∙ Resolution on determination of businesses equalling public services ∙ Damages claim for breach of working conditions ∙ Exception to dismissal due to a reason imputable to workers ∙ Exception to compensation for business suspension ∙ Exception to compensation for business suspension and disability |
| Mar. 13, 1997 | Meeting of Adjudication Committee members | Three public interest members responsible for adjudication | ∙ Matters related to adjudication, resolution, approval, recognition, determination, etc. under the relevant laws and regulations such as TULRAA, LSA, etc. |
| Mar. 13, 1997 | Meeting of Special Mediation Committee members | Three public interest members responsible for mediation | ∙ Determination of a level of maintenance and operation, etc. of minimum services (from January 1, 2008) |
| July 1, 1999 | Meeting of TLRAC members | Three public interest members responsible for mediation | ∙ Matters concerning mediation and arbitration of teachers’ labor relations |
| Jan. 26, 2006 | Meeting of POLRAC members | Seven or less public interest members responsible for public officials’ labor relations | ∙ Plenary meeting: Labor dispute cases at a national level, decision for referral to arbitration, arbitration award bcommittees (3 members): Cases not covered by the plenary session |
| Jan. 1, 2007 | Meeting of DRC members | Three public interest members responsible for discrimination redress | ∙ Matters related to discrimination redress by the FPWPA and TAWPA. |