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Chapter Ⅲ Appointment and Obligations of Members of Mediation Committee
Article 4
A member of mediation committee appointed by the local competent authority shall have one of the following qualifications:
1. Person who has practicing experience in mediating or conciliating labor-management disputes for no less than two years.
2. Person who has served or is currently servicing a labor administrative position at all level of government for no less than two years.
3. Person who has served or is currently serving at all level of government in charge of legal matters for no less than two years.
4. Person who has served or is currently servicing as a member of board of directors or supervisors of a labor union or employer organization or as a full-time personnel in charge of union or organization affairs for no less than five years.
5. Person who has served or is currently servicing a managerial position in a business entity for no less than five years.
6. Person who is consistent with the qualifications of a mediator as prescribed in Article 13 of the Regulations.
7. Person who is consistent with the qualifications of a member of arbitration committee for labor-management disputes.
Article 5
A person with one of the following situations is not qualified to be appointed as a member of mediation committee:
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’ Debt Clearance and his/her property rights have not yet being restored.
4. Person who has been declared under quardianship or supervision and the declaration has not yet being revoked.
5. Person who is a minor.
Article 6
The local competent authority shall prepare a name list of members of mediation committees including the following items:
1. Name, age and gender.
2. Educational attainment and experience.
3. Current position and job.
4. Expertise.
5. Experience of handling labor-management relations.
6. Date of appointment.
The local competent authority shall publicly announce the name list of members of mediation committees before the end of May each year.
Article 7
The term of service of members of mediation committee appointed by the local competent authority shall be three years each term.
During the term of service of a member of mediation committee, the local competent authority may appoint a new member if necessary, his/her term of service shall be until the term of service of other incumbent members referred to in the preceding paragraph is expired.
Article 8
When the local competent authority assigns or designates a member of mediation committee in accordance with Article 13 or 14 of the Act respectively and it shall make the assignment or designation from the name list of members of mediation committee prepared in accordance with Article 6 of the Regulations.
In case that the parties to the dispute choose a member of mediation committee in accordance with Article 14 of the Act, the member cannot be a person currently servicing a labor administrative position at all level of government.
Article 9
In case that a member of mediation committee has the situations as prescribed in Article 32 of the Administrative Procedures Act, the local competent authority shall not assign him/her.
In case that the assigned member of mediation committee has the situations as prescribed in the preceding paragraph, he/she shall proactively report the situations and the local competent authority shall make other assignments.
If the parties to the dispute regard that the assigned member of mediation committee has one of the situations as prescribed in Paragraph 1 to Article 33 of the Administrative Procedures Act, they may request the member to recuse.
The request referred to in the preceding paragraph shall be submitted in writing and with reasons attached to the local competent authority before the mediation plan being proposed. The local competent authority shall make a decision regarding the request within five days after it has received it.
Article 10
A member of mediation committee shall proactively state his/her relationship with the parties to the labor-management dispute before the commencement of mediation procedures. In case that a member of mediation committee has a property interest with the matters of mediation that the parties to the dispute have applied, the same action shall also be taken.
Article 11
In case that a member of mediation committee has one of the following situations, the local competent authority shall dismiss him/her after examination and confirmation of the facts:
1. Having one of the qualifications prescribed in Article 4 of the Regulations.
2. Having one of the situations prescribed in Article 5 of the Regulations.
3. In violation of Paragraph 2 to Article 9 of the Regulations.
4. In violation of Paragraph 1 or 2 to Article 24 of the Regulations.
In case that a member of mediation committee has one of the situations prescribed in Item 3 or 4 of the preceding paragraph, the local competent authority shall not appoint him/her, and he/she is no longer qualified to be a member of mediation committee or a mediator.
Article 12
The local competent authority may pay members of mediation committee the related fees for their attendance, transportation and fact-finding.