노동위원회 심판절차와 소송원칙

This article discusses how questions of procedural principles that arise in court proceedings should be resolved in the context of Labor Relations Commission adjudication proceedings. For example, it examines cases in which a party applies for an adjudication by specifying an incorrectly identified subject matter of the adjudication, should the party's intention be respected and the adjudication be conducted as it is, or should the Labor Relations Commission ex officio correct the party's application and conduct the adjudication? There has been no discussion on this issue, but recently, a problematic case has been proceeding, warranting further discussion. In court litigation procedures, the Doctrine of Disposition Right versus the Principle of Ex Officio Authority and the Adversarial Principle versus the Principle of Ex Officio Investigation are discussed. The Labor Relations Commission adjudication proceedings is characterized by the fact that an administrative agency, rather than a court, handles disputes between workers and employers. As a public institution established to provide relief to workers, it is inevitable that the adjudication process incorporates significant ex officio elements. If an employee has made a mistake in filling out the application, the Labor Relations Commission should try to correct the mistake, taking into account the applicant's lack of capacity, while ensuring that the procedural rights of the other party are not violated in the process.