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Trade Union and Labor Relations Adjustment Act — Article 85 (Finality of order of remedy)

노동조합 및 노동관계조정법 제85조

(1) When any of the parties challenges an order of remedy or dismissal decision by the Regional Labor Relations Commission or by the Special Labor Relations Commission, he may make an application for review of said order or decision to the National Labor Relations Commission within ten days from the date of receiving the notice of order or decision.

(2) Any of the parties concerned may institute an administrative suit in accordance with the Administrative Litigation Act, against a decision on review made by the National Labor Relations Commission under paragraph (1) within 15 days from the date of receiving the notice of the decision on review.

(3) Unless an application for review or an administrative suit has been made within the period specified in paragraphs (1) and (2), the order of remedy, dismissal decision, or decision on review shall be final and decisive.

(4) When a dismissal decision or decision on review as referred to in paragraph (3) is final and decisive, the parties concerned shall comply with it.

(5) When an employer has instituted an administrative suit pursuant to paragraph (2), the competent court may, by its decision at the request of the National Labor Relations Commission, order the employer to perform all or part of the order of remedy made by the National Labor Relations Commission until the judgment of the court is rendered, and may also, at the request of any of the parties concerned or ex officio, revoke such decision.

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