Chapter Ⅵ Temporary Reduction of Litigation Fees and Ruling on Compulsory Execution
Article 57
When a worker or labor union files a lawsuit to ascertain the employment relationship or payment of wages, one-half of the court fees shall be temporarily exempted in accordance with the Code of Civil Procedures.
Article 58
Except the situations referred to in Paragraph 2 to Article 50, when a worker applies for provisional attachment or provisional injunction against an employer or employer organization for payment of wages, compensations or damages for occupational hazards, retirement pension or severance pay, the amount that the court requires as a guarantee in accordance with the Code of Civil Procedures shall be no more than one-tenth of the price or value of the claim.
Article 59
If one party to the dispute under the concluded mediation or arbitration refuses to carry out its obligations to pay in accordance with civil statutes, the other party may apply to the competent court for a ruling on compulsory execution and temporarily exempted from paying court fees; in case of applying for a compulsory execution, the execution fees can be temporarily exempted.
The court shall make a ruling on the application referred to in the preceding paragraph within seven days.
A party may file an interlocutory appeal to the ruling referred to in the preceding paragraph, and the related provisions in the Non-litigation Act shall be applicable if the foresaid appeal is filed; for matters not prescribed in the Non-litigation Act, the related provisions in the Code of Civil Procedures shall be, mutatis mutandis, applicable.
Article 60
The court shall dismiss an application for a ruling on compulsory execution under any of the following situations:
1. The mediation plan or arbitration decision leads the parties to labor dispute to carry out activities prohibited by law.
2. The mediation plan or arbitration decision is not related to the claims of the dispute or appropriate for compulsory execution.
3. The compulsory execution cannot be conducted in accordance with other statutes.
Article 61
When the court makes a ruling to dismiss an application for compulsory execution afterwards, the mediation concluded in accordance with the Act shall be deemed as not successful. However, the foresaid rule is not applicable if the court dismisses the application in accordance with Paragraph 2 to the preceding article or to the portion of mediation that is not dismissed by the ruling on compulsory execution and is successfully concluded.