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Laws › Act on the Protection of Fixed-term and Part-time Employees › CHAPTER IV PROHIBITION AND CORRECTION OF DISCRIMINATORY TREATMENT

Act on the Protection of Fixed-term and Part-time Employees — Article 11 (Mediation and Arbitration)

기간제 및 단시간근로자 보호 등에 관한 법률 제11조

(1) Any Labor Relations Commission may commence mediation procedures upon request of both or either of the parties concerned or ex officio, during the course of an inquiry under Article 10 and may conduct arbitration if the parties concerned agree to follow an arbitration award rendered by the Labor Relations Commission and file for arbitration with the Commission.

(2) Each request for mediation or arbitration under paragraph (1) shall be filed within 14 days from the date of the request for correction of discriminatory treatment under Article 9: Provided, That any request for mediation or arbitration may be filed after such 14 days where the competent Labor Relations Commission approves such request.

(3) Each Labor Relations Commission shall take time to hear the opinions of the parties concerned when conducting mediation or arbitration. <Amended on May 26, 2020>

(4) Each Labor Relations Commission shall present mediatory suggestions or render an arbitration award within 60 days from the date of the commencement of mediation procedures or from the receipt of a request for arbitration unless there is a compelling reason not to do so. <Amended on May 26, 2020>

(5) If both parties concerned accept mediatory suggestions, the competent Labor Relations Commission shall prepare a mediation protocol; and if it renders an arbitration award, it shall prepare a written arbitration award.

(6) A mediation protocol shall be signed and sealed by the parties concerned and all members involved in the mediation, whereas a written arbitration award shall be signed and sealed by all members involved.

(7) A mediation or arbitration award under paragraphs (5) and (6) shall have the same validity as a settlement in litigation under the Civil Procedure Act.

(8) Matters concerning mediation and arbitration methods, preparation of mediation protocols or written arbitration award, etc. under paragraphs (1) through (7) shall be determined by the National Labor Relations Commission. <Amended on May 26, 2020>

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