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Subject   June 2016 - Comparison between the Labor Relations Commission and the Teachers’ Appeals Commission
Comparison between the Labor Relations Commission and the Teachers’ Appeals Commission

I. Introduction
A foreign professor of a private university visited this Labor Law Firm for a consultation regarding his unfortunate employment case. This professor had had his employment contract renewed every year for the past 5 years, but this had not been done this past February. The university stated that his employment contract had expired, as he was a fixed-term employee. The professor thought that his employment contract would be renewed according to the university regulations, as he had better-than-average scores in the teacher evaluation. He took legal action by submitting to the Labor Relations Commission an application for remedy for unfair dismissal, but his claim was rejected. He visited me to apply for an appeal.
Reviewing the details of his case, it was determined that, as he had been an assistant professor, he should have taken his original application for remedy to the Teachers’ Appeals Commission instead of the Labor Relations Commission. This individual could have been protected from the unfair rejection if he had known of the procedures of the Teachers’ Appeals Commission. This was a very unfortunate situation.
In cases where an employee receives an unfair personnel disposition, he or she can find resolution by applying for remedy with the Labor Relations Commission. In 2015, the Labor Relations Commission handled 13,000 unfair dismissal cases, whereas in comparison, the Teachers’ Appeals Commission only disposed of 588, a relatively small number of cases, although the number is gradually increasing. Foreign professors, in particular, can be confused as to whether a claim should be made with the Teachers’ Appeals Commission, as they are fixed-term employees, but at the same time have the status of a teacher. The information below will enable the reader to understand the procedures of the Teachers’ Appeal Commission as they compare to the procedures for remedy with the Labor Relations Commission.

II. Comparison of Functions between the Labor Relations Commission & the Teachers’ Appeals Commission

1. Division of Scope
Individuals subject to applications for remedy with the Labor Relations Commission are employees working for a company that employs five or more employees. Provided, that government servants working for state or local governments, and teachers, are excluded. Those government servants and teachers to whom Korean labor laws do not apply can submit applications for remedy through the Appeals Commission. The State Administration has an Appeals Commission for public servants and the Teachers’ Appeals Commission for teachers, while local administrations have an Appeals Commission for local public servants. The legislative branch and judicial branch of the national government, the Constitutional Court, and the Central Election Management Commission all have their respective appeals commissions.
Teachers have rights of education, guarantee of status, and guarantee of freedom of speech, while at the same time they often have the duties of educating and conducting research and maintaining their professionalism as teachers, but are banned from political activities. Of particular interest, the system related to the guarantee of status is with the Teachers’ Appeals Commission, which deals with teachers’ disciplinary dispositions (such as expulsions, dismissals, suspensions from office, wage reductions, and written warnings), and disadvantageous dispositions (such as forced leaves, dismissals, and removal from one’s position), and this system can involve a kind of administrative trial.
Specifically, teachers are classified as kindergarten “directors and assistant directors” (Article 20 of the Early Childhood Education Act), teachers at elementary schools, middle schools, high schools, advanced technical high schools, and “principals and vice-principals” at special schools (Article 19 of the Elementary and Secondary Education Act), as well as those at universities, colleges, colleges of education, and “presidents, deans, professors, vice-professors, associate professors, assistant professors, and full-time instructors” at open schools (Article 14 of the Higher Education Act). Accordingly, employees engaged in a private school’s administrative work, and fixed-term employees, (Article 32 of the Public Educational Officials Act, Article 54-4) do not fall within the scope of the Teachers’ Appeals Act. Instead, they may apply for remedy with the Labor Relations Commission.

2. Legal Procedures of the Labor Relations Commission & the Teachers’ Appeals Commission

Item        Labor Relations Commission        Teachers’ Appeals Commission
Composition        ㅇRelated law: Labor Relations Commission Act.
ㅇOrganization: Under the Ministry of Employment & Labor, National Labor Relations Commission (1) and regional Labor Relations Commissions (12). The National Labor Relations Commission (NLRC) is located in Sejong City, while regional Labor Relations Commissions (LRC) are located in their respective regions.
ㅇPurpose: To provide judgments for rapid and equitable resolution of unfair dismissal claims, unfair labor practices, etc.
ㅇApplicable to: All employees to whom the Labor Standards Act (LSA) applies.
ㅇ Composition of judgment panel: 3 members representing the public interest, 1 member representing employee interests, and 1 member representing government interests.
ㅇTarget: Claims of unfair dismissal under Article 23 of the LSA; Claims of unfair labor practice: Article 81 of the Trade Union & Labor Relations Adjustment Act. Correction of discriminative treatment: Article 9 of the Fixed-term Employee Act.         ㅇRelated law: Special Act on the Improvement of Teachers’ Status.
(Related Enforcement Decree: Regulation Regarding the Teachers’ Appeals Commission).
ㅇOrganization: Under the Ministry of Education. There is one Teachers’ Appeals Commission in Sejong City.
ㅇPurpose: As a collegiate administrative agency, to provide a review and judgment equitably based upon related laws and judicial rulings for disciplinary actions and disadvantageous dispositions related to teachers.
ㅇApplicable to: Teachers working in national, public and private kindergartens, elementary schools, and universities.
ㅇComposition of judgment panel: 8 committee members, with a majority attending.
ㅇTarget:
-Disciplinary actions handled: expulsion, dismissal, suspension from office, and warning letters.
-Other disadvantageous actions handled: rejection of contract renewal, dismissal, removal of job title, and forced leave.
Application for remedy        -The employee shall apply for remedy for unfair dismissal or unfair labor practices, etc. within three months from the date on which such action took place (Article 28 of the LSA, Article 82 of the Trade Union and Labor Relations Adjustment Act).
-Jurisdiction: The Labor Relations Commission that is located in the district where such actions have occurred (Article 29 of the LRC Regulation).        The employee shall apply for remedy within 30 days from the date on which the action took place.
-If the employee has applied for remedy to the Teachers’ Appeals Commission regarding expulsion or dismissal, the school shall not appoint a successor until the Commission makes its final decision. Provided, appointment of a successor can be done after the applicable period for remedy claims has expired.
Receipt of applications        The adjudication committee is assembled when a remedy application is received.
-Composed of three representatives of the public interest to be in charge of adjudication.
-Appointment of an investigator.
-Request correction of any missing required items for remedy application.
-Add or change the purpose for applying.        When a remedy claim is received, the Commission official shall immediate

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