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Chapter Law Content

Chapter Ⅴ Fact-finding and Hearing Procedures for Rendering Decisions
Article 22
When conducting a fact-finding in accordance with Paragraphs 2 and 3 to Article 44 of the Act, the board members may make an investigation plan and take the following measures:
1. Notify the parties, persons or business entities concerned to provide oral or written statements.
2. Listen to opinions of the parties or question the witnesses.
3. Order an expert examiner to provide an examination report or question the expert examiner.
4. Notify institutions concerned to assist in providing documents, files, and items.
5. Enter into related business entities for interviewing and investigation.
Records shall be made when board members conduct the investigation.
The members of the standing board shall review the investigation records of the preceding Paragraph and submit any comments in writing for the taskforce's reference.
Article 23
In the fact-finding meeting, board members may question the parties, witness, expert examiner, persons or business entities concerned.
With the permission of board members, the parties or agents may state opinions and question the other parties, witness, expert examiner, persons or business entities concerned.
When board members think that the preceding statements or questioning are repeated or have nothing to do with the dispute, or have other inappropriate situations, board members may restrict or prohibit it.
Article 24
Before questioning in accordance with the preceding article, board members shall inform the person being questioned not to make false explanation, provide false information or refuse to make explanation without good cause.
If the person being questions violates the preceding stipulation, he/she shall be imposed a penalty in accordance with Article 63 of the Act.
Board members may use complementary clause to record the matters in the first paragraph, and ask the person being ask to sign.
Article 25
When board members order one of the parties to provide related documents in accordance with Paragraph 2 to Article 44 of the Act but that party refuses to comply without justifiable reasons, they may, after evaluating all the circumstances, regard that the other party’s assertions on those documents or the facts derived from those documents are true.
Before finalizing the fact-finding, the board members shall give the party refusing to comply referred to in preceding paragraph an opportunity to state his/her opinions.
Article 26
If the parties think that the originals of written explanation or its attached document provided by the other party are inconsistent with the transcripts or photocopies, the originals provided to the Board shall prevail.
Article 27
An investigation report made by board members shall include the following matters:
1. Place, day, month and year of the investigation.
2. The names of board members and the staff member who makes the record.
3. The subject of the unfair labor practice dispute.
4. The names of the attending parties, agents and other concerned persons allowed to be present.
5. The outlines of assertions and statements made by the parties and concerned persons.
6. The statements of the witnesses and the examination results provided by the expert examiner.
7. The fact-finding record(s).
8. The fact-finding comments.
The fact-finding report referred to in the preceding paragraph shall be submitted to the Board.
The members of the standing board shall review the following materials and provide written comments for the taskforce or the Board's reference:
1. The investigation report stated in Paragraph 1.
2. The decision proposal written by the board members.
3. The decision written by the board members is based on the decision reached by the Board.
Article 28
The Chair of the Board shall convene a board meeting within seven days when the board members made the fact-finding report.
The Board shall notify the parties to make oral statements during the hearing procedures in accordance with the final part of Paragraph 1 to Article 46 of the Act. If necessary, the Board may also notify concerned persons to make their statements.
Before the Board proceeds to conduct the hearing procedures referred to in the preceding paragraph, it shall set the hearing date and make a hearing notification including the time, day and place. The notification shall be sent to the parties and concerned persons.
Article 29
The Board may openly proceed to conduct the hearing procedures referred to in the preceding article.
The Chair of the Board shall preside over the hearing procedures.
A questioning record shall be made and the following matters shall be listed:
1. The place, day, month and year of the statements that are made.
2. The names of board members and the staff member who makes the record.
3. The case of unfair labor practice dispute.
4. The names of the attending parties, agents and other concerned persons allowed to present.
5. The outlines of assertions and statements made by the parties and concerned persons.
Article 30
Before the end of hearing procedure, the Chair of the Board shall give both parties the opportunity to make the final statement.
After the end of hearing procedure, if necessary, the Chair of the Board may listen to the opinions of attending board members before carrying out hearing or fact-finding procedure.
Article 31
The Board or the board members may order person who obstructs a fact-finding or hearing procedure to leave. Police assistance may be sought to remove the obstruction, if necessary.
Article 31-1
If the Board concludes that the applicant’s application is justified, it shall make a decision fully or partially recognizing the application; otherwise, it shall make a decision on whether to fully or partially reject such application.
The decision fully or partially recognizing the application may specifically state the method and content of the parties’ performance in the section of the main text.
If the written decision contains any typos, miscalculations, or any other such significant errors, the Board may make corrections based on the application or its authority; this shall also apply to the main text, if it is inconsistent with the original copy.
Article 32
Suppose that both parties entitled to dispose of the matters of the application and that a conciliation would not jeopardize the maintenance of the public interest. In that case, the Board may conciliate the disputes for the parties at any time during the procedures of rendering a decision on an unfair labor practice.
To facilitate the conciliation, the Board may order the parties, their representative, or agents to be present.
If the conciliation is reached, the procedure of rendering a decision shall be automatically terminated, and a written conciliation shall be produced.
The written conciliation shall be served to the parties in the original within 20 days from the date such conciliation is reached.
Article 33
For the decision made for the civil dispute that is derived from the stipulation of Paragraph 2 to Article 35 of the Labor Union Act, in case that one of the parties, within thirty days after the original copy of the decision has delivered, files a civil lawsuit to the court and suits the other party concerned as the defendant with the same civil dispute covered by the original decision, that party shall notify the Board in writing, and the same shall apply upon withdrawal of civil lawsuit.
Article 34
The consents deemed as both parties have reached in accordance with Paragraph 1 to Article 48 of the Act include the matter that is procedurally dismissed by a court ruling.
Article 35
After a decision on the unfair labor practice has been approved by the court, the Central Competent Authority shall send the decision to the parties.
Article 36
In case that a court refuses to approve the decision on the unfair labor practice that is sent to the court by the Board for approval, the Central Competent Authority shall send the ruling of the court to the Board for action to be taken.
When taking an action on the matter, the Board shall review the opinions of the parties if necessary.