(1) Where any employer gives discriminatory treatment in violation of Article 8, the Minister of Employment and Labor may request the correction thereof.
(2) Where any employer fails to comply with a request for correction under paragraph (1), the Minister of Employment and Labor shall notify the Labor Relations Commission of the details of the discriminatory treatment at issue. In such cases, the Minister of Employment and Labor shall notify the relevant employer and employee of such fact. <Amended on May 26, 2020>
(3) Where the Labor Relations Commission is notified of such fact by the Minister of Employment and Labor in accordance with paragraph (2), it shall, without delay, examine whether the discriminatory treatment at issue was actually given. In such cases, the Labor Relations Commission shall provide the relevant employer and employee with an opportunity to present their opinions.
(4) Articles 9 (4) and 11 through 15 shall apply mutatis mutandis to the Labor Relations Commission's examination under paragraph (3) and other correction procedures. In such cases, the "date of the request for correction of discriminatory treatment" shall be construed as the "date of the receipt of notification"; "decision of dismissal" as "decision of no discriminatory treatment"; "parties concerned" as "relevant employer or employee"; and "employee who has filed a request for correction" as "relevant employee".
(5) Matters relating to the Labor Relations Commission's examination, etc. under paragraphs (3) and (4) shall be determined by the National Labor Relations Commission.[This Article Newly Inserted on Feb. 1, 2012]