Useful Info

A disposition to reject an administrative or procedural law application to a state agency on grounds of illegality in form, requirements, procedures, etc. It is distinguished from ‘dismissal’, which is a disposition to reject an application because there is no reason for it. The applicant may correct the defects that caused the invalidity of the application and reapply, but there can be no correction in the case of dismissal and the application can only be contested through appeal. If the Labor Relations Commission, which is in charge of relief applications and mediation applications, determines that the application lacks the prerequisites for determining whether it is right or wrong, it may dismiss the application by decision of the Judgment Committee (Article 29 of the Labor Relations Commission Rules). The reasons for dismissal are: first, if the application does not meet the requirements and no corrections have been made even after requesting corrections more than twice; second, if the party does not meet the eligibility requirements; third, if the application is filed after the application period (within 3 months from the date of occurrence of unfair labor practice or unfair dismissal in the case of application for relief); fourth, Fifthly, if it is clear that the relief applied for cannot be realized in terms of law or in fact, or that there is no benefit to the application. Fifth, if the applicant fails to respond even after receiving notices of attendance more than twice, or notices of appearance are returned more than twice due to unknown address or unknown location, or it is acknowledged that the applicant has clearly given up the intention to apply for other reasons. ▶The applicant for retrial received the decision of the original trial committee on December 22, 2000 and applied for retrial to the National Labor Relations Commission on January 29, 2001, and the 10-day retrial application period stipulated in Article 26, Paragraph 2 of the Labor Relations Commission Act has passed, so it falls under the grounds for “dismissal” under Article 29, Paragraph 3 of the Labor Relations Commission Rules
(2001.02.22, Central Labor Committee 2001 Buhae 62). ▶The first notice of the interrogation date was received a day before the interrogation date (there is no data showing that ○○ Kim was authorized to receive it by the plaintiff), and the second was received only in the afternoon of the same day. Considering the plaintiff's address, etc., this notice of the date was too short and there was no justifiable reason for the plaintiff's failure to appear on each interrogation date. Since it appears that there is, the retrial ruling that dismissed the plaintiff's request for retrial is illegal (2000.05.04, Seoul Administrative Code 99-gu 26258).