Operation Rules

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Rules for the Operation of the Korean National Contact Point for Responsible Business Conduct

Chapter 1
General Principles Chapter 2
Composition and Operation of the NCP Chapter 3
Inquiries and Specific Instances Chapter 4
Reporting and Oversight
  • Appendix 1 format - General inquiryDownload
  • Appendix 2 format - Letter of complaintDownload
Announcement No. 2024-070 (30, January 2024) of Ministry of Trade, Investment and Energy

Chapter 1. General Principles

Article 1 Purpose

  • These regulations are established to effectively implement the ¡°OECD Guidelines for Multinational Enterprises on Responsible Business Conduct¡± by providing the necessary provisions for the composition and operation of national contact points for responsible business conduct established by each country in accordance with the resolution of the OECD Council.

Article 2 Definition

  • The definitions of terms used in these regulations are as follows:
  • 1. ¡°Multinational Enterprise¡± refers to companies and corporate entities established in more than two countries, interconnected to coordinate their activities in various ways.
  • 2. ¡°The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct¡± refer to the ¡°OECD Guidelines for Responsible Business Conduct by Multinational Enterprises¡± (hereinafter referred to as the ¡°Guidelines¡±) adopted by the Organization for Economic Cooperation and Development (OECD) on June 8, 2023.
  • 3. ¡°National Contact Point for RBC (Responsible Business Conduct)¡± (hereinafter referred to as the "NCP¡±) refers to the National Contact Point for RBC established in accordance with the resolution of the OECD Council on June 8, 2023, for adherent countries that have agreed to the guidelines.

Article 3 General Principles

  • ¨ç The NCP shall encourage multinational enterprises operating within the territory of the Republic of Korea, or multinational enterprises with Korean nationality, to implement responsible business conduct in accordance with the Guidelines.
  • ¨è The interpretation and application of the Guidelines should be carried out within a harmonious scope, considering domestic laws and the purpose of the Guidelines.
  • ¨é Matters not separately stipulated in this regulation shall be governed by the guidelines under Article 2.
  • ¨ê Multinational enterprises must adhere to the guidelines voluntarily and in a responsible manner.

Chapter 2. Composition and Operation of the NCP

Article 4 Composition and Functions of the NCP

  • The NCP is composed of no more than nine non-permanent members, including one chairperson, and oversees the following affairs.
  • 1. Promotion and awareness enhancement of the Guidelines
  • 2. Interpretation of the Guidelines
  • 3. Handling of specific instances under Article 14
  • 4. Cooperation with foreign NCPs
  • 5. Reporting on the implementation status of the Guidelines to the OECD
  • 6. Other matters regarding the implementation of the Guidelines
  • The chairperson is appointed as the Director General for Cross-border Investment Policy of the Ministry of Trade, Industry, and Energy (hereinafter referred to as the ¡°MOTIE¡±), and the members are as follows:
  • 1. A person designated by the head of the relevant agency at the request of the Minister of the MOTIE among the director-level public officials of related ministries.
  • 2. A person appointed by the Minister of the MOTIE among individuals recognized to have professional knowledge, abundant experience related to the content of the Guidelines, and the ability to perform duties fairly.
  • The secretary of the NCP is appointed as the Director for Overseas Investment Division of the MOTIE.

Article 5 Duties of the chairperson

  • ¨ç The chairperson represents the NCP, presides over NCP meetings, and oversees the affairs of the NCP.
  • ¨è In cases where the chairperson cannot perform duties due to unavoidable reasons, a member appointed by the chairperson in advance shall act on behalf of the chairperson. If no member is designated in advance, the secretary of the NCP acts on behalf of the chairperson.

Article 6 Term and Recommendation of Members

  • ¨ç The term of office for appointed members under Article 4, Paragraph 2, Subparagraph 2 is three years, and reappointment is allowed only once.
  • ¨è An outgoing member performs duties until a successor is appointed.
  • ¨é In case of a vacancy among members, the Minister of the MOTIE must announce the qualifications, application period, and methods for recommending a successor within 30 days from the date of the vacancy through the website and other means.
  • ¨ê The NCP may assess the qualifications of applicants under Paragraph 3, review their eligibility based on the criteria specified in Article 4, Paragraph 2, Subparagraph 2, and recommend them to the Minister of the MOTIE.
  • ¨ë The term of office for a member appointed as a successor to a vacancy begins anew.

Article 7 Guarantee of Member Status

  • A member cannot be dismissed against their will unless sentenced to imprisonment without the possibility of parole. However, if a member becomes severely disabled in performing duties due to physical or mental disabilities or becomes incapacitated, retirement can be decided by a majority vote of more than two-thirds of the attending members.

Article 8 Disqualification of Members

  • The following individuals are not eligible to become members:
  • 1. Non-Korean citizens
  • 2. Individuals falling under any of the Subparagraph in Article 33 of the National Civil Service Act
  • 3. Members of political parties
  • 4. Individuals who have registered as candidates in elections conducted under the Public Official Election Act.
  • If a member falls under any of the Subparagraph in Paragraph 1, they shall retire automatically.
  • A member may inform the NCP and recuse themselves from the deliberation of the relevant matter if they fall under any of the following:
  • 1. The member or their current of former spouse is a party to the matter or a joint rights holder.
  • 2. The member is or was a relative of the party to the matter.
  • 3. The member has provided testimony, statements, advice, research, or services regarding the matter.
  • 4. The member or the organization to which the member belongs has acted as a representative or was a representative of the party to the matter.

Article 9 NCP Meetings

  • NCP holds meetings to deliberate on the following matters related to its tasks:
  • 1. Initial assessment and disclosure of outcomes of specific instances
  • 2. Amendment and revision of NCP operational regulations
  • 3. Establishment of key plans related to the promotion and implementation of the Guidelines
  • 4. Other important matters related to the implementation of the Guidelines and the operation of the NCP
  • NCP meetings are convened with the attendance of a majority of the members and decisions are made by a majority vote of the attending members. In cases where a member cannot attend due to unavoidable circumstances, they may submit their opinions in writing.
  • Notwithstanding the provisions of Paragraph 2, if the agenda items to be discussed during the meeting is trivial or there is a lack of time to convene a meeting, or the Chairperson deems it appropriate, decisions may be made in writing.
  • The chairperson must notify the members of the date, time, and agenda of the meeting at least five days before the meeting. However, this may not apply n cases of urgency or unavoidable circumstances.

Article 10 Disclosure of Deliberations

  • The deliberations of NCP meetings are made public. However, if it is deemed inappropriate to disclose the deliberations by the NPC, the deliberations may not be disclosed.

Article 11 Mediation Committee

  • ¨ç The NCP may establish mediation committees for effective resolution of specific instances submitted.
  • ¨è The mediation committee shall consist of three or more but no more than five members, including the chairperson.
  • ¨é The chairperson of the mediation committee is appointed by the NCP chairperson from among the NCP members. The mediation committee members are appointed by the NCP meeting resolution, either from NCP members or external experts in the relevant field.

Article 12 Secretariat

  • The NCP establishes a secretariat for the smooth processing of its tasks.
  • The secretariat is established at the Korean Commercial Arbitration Board under Article 32 of the Civil Code, consisting of one director and necessary staff.
  • The secretariat is responsible for the following matters related to the tasks under Article 4, Paragraph 1:
  • 1. Formulating and implementing plans for the promotion and awareness enhancement of the Guidelines
  • 2. Receipt of queries under Article 13 and matters related to the responses
  • 3. Notification of the receipt of and facts for specific instances under Article 14, initial assessment under Article 15, assistance in the mediation under Article 16, and investigation for disclosure of outcomes under Article 17
  • 4. Preparation of agenda items for the NCP meetings, notification of meeting convening, and support for meeting
  • 5. Matters related to the operation of the NCP operational budget
  • 6. Other matters recognized by the chairperson as necessary for the tasks of the NCP

Chapter 3. Inquiries and Specific Instances

Article 13 Inquiries

  • ¨ç Anyone wishing to receive specific answers from the NCP regarding the interpretation and confirmation of the Guidelines can make such request by submitting a questionnaire either in Korean or English, as specified in Attachment 1.
  • ¨è Inquiries are generally submitted in writing, but they may also be submitted by mail, fax, or computer communication. However, matters for which proof of intent does not need to be documented can be done verbally or by phone.
  • ¨é The director of the secretariat must, if necessary, present the matter as an agenda item at an NCP meeting, taking into account the importance of the inquiry.
  • ¨ê Unless there are special reasons, the NCP must respond in writing within 30 days from the date of receiving the application under paragraph 1.
  • ¨ë Special reasons in paragraph 4 refer to cases where the matter is complex, requiring investigation to verify facts or interpretation by the OECD.

Article 14 Receipt of Specific Instances

  • Individuals wishing to raise objections (specific instances) related to the implementation of the Guidelines (hereinafter referred to as ¡°applicants¡±) may apply using the form specified in Attachment 2, written either in Korean or English.
  • Specific instances must be submitted in writing, but may also be submitted by mail, fax, or computer communication.
  • For specific instances under paragraph 1, the NCP may request the applicant to supplement the specific instances within a specified period, and within 30 days of receiving the specific instances, the NCP must decide whether to accept it, notify the applicant and the relevant multinational enterprise (hereinafter referred to as the ¡°enterprise¡±).
  • If the NCP determines that it is not appropriate to accept the specific instances for the following reasons, it must notify the applicant in writing within 30 days from the date of receiving the submission of the specific instances:
  • 1. The content and facts of the specific instances are excessively lacking or unclear.
  • 2. A request for supplementation under paragraph 3 is unreasonably refused.
  • 3. It is difficult to proceed with the procedure due to the enterprise¡¯s closure, unknown location, and so on.
  • In the case where the nature of the specific instances involves foreign NCP, the NCP must coordinate with the lead NCP and the supporting NCP within 2 months of receiving the specific instances and notify the results to the parties.

Article 15 Initial Assessment

  • If an application is submitted under Article 14, the NCP must, within 90 days from the date of receiving the application (within 90 days from the date of completion of the supplementation under Article 14, Paragraph 3, within 90 days from the date of coordination under Article 14, Paragraph 5), consider the following matters and decide whether to proceed with additional procedures such as investigation and mediation through NCP meeting deliberation, and notify the results without delay to the applicant and the enterprise and publicize them through the website, etc.:
  • 1. the identity of the party concerned and its interest in the matter
  • 2. whether the issue is material, i.e. relevant to the implementation of the Guidelines; and substantiated, i.e. supported by sufficient and credible information
  • 3. whether the enterprise is covered by the Guidelines
  • 4. whether there seems to be a link between the enterprise¡¯s activities and the issue raised in the specific instance
  • 5. the extent to which applicable law and/or parallel proceedings limit the NCP¡¯s ability to contribute to the resolution of the issue and/or the implementation of the Guidelines
  • 6. whether the examination of the issue would contribute to the purposes and effectiveness of the Guidelines
  • NCP shall, before conducting the initial assessment, provide an opportunity for the applicant and enterprise to express their opinions or submit supporting documents.
  • If it is deemed inappropriate to disclose the identity of the applicant in the results of the initial assessment or if the applicant requests otherwise, the identity of the applicant shall not be disclosed externally.

Article 16 Mediation, etc.

  • The NCP may, for the purpose of offering good offices with the aim of addressing problems through discussion between the parties, proceed with the mediation process through the mediation committee under Article 11 for the specific instances requiring additional procedures under Article 15, Paragraph 1.
  • Regardless of Paragraph 1, the NCP may proceed with the process for offering good offices for parties who wish to do so even before the initial assessment.
  • Mediation is generally conducted in private. However, if there is an agreement between the parties or if the chairperson of the mediation committee deems it necessary, it may be made public.
  • The chairperson of the mediation committee can present a mediation plan to the parties, encompassing the following aspects. If the parties consent, the mediation process can then follow the proposed plan. Any adjustments or alterations to the mediation plans can be made upon the agreement of the parties.
  • 1. Issues to be addressed in mediation
  • 2. Mediation procedures and schedule
  • 3. Other matters necessary for the effective conduct of mediation
  • The NCP may, if necessary for mediation, commission an investigation or research to business groups, labor unions, non-governmental organizations, or relevant experts.
  • The NCP must conclude the mediation process within 12 months (14 months in cases fall under the situation stipulated in Article 14, paragraph 5) after receiving the application. Nevertheless, the processing period may be prolonged under certain circumstances, such as when the case originates from non-adherents or when both parties request or concur with an extension.

Article 17 Publication of Processing Results, etc.

  • ¨ç The NCP will make public the details of specific instances, the mediation process, any agreements reached, and the timeline, if the parties successfully come to an agreement through mediation.
  • ¨è In the event that the parties fail to reach an agreement, the NCP will disclose the details of specific instances, mediation procedures, and the arguments presented by the parties in relation to those specific instances. Additionally, after the conclusion of the NCP meeting, the NCP may suggest suitable measures to the parties if deemed necessary.
  • ¨é The NCP must publicize the contents of Article 1 or Article 2 within 30 days after the conclusion of the mediation process.
  • ¨ê After concluding the mediation process, the NCP may conduct additional investigations, and the results of additional investigations may be publicized along with the contents of Article 1 or Article 2.
  • ¨ë The NCP shall provide the parties with an opportunity to express their opinions before publicizing the contents of Article 1 or Article 2, and shall not disclose internal information submitted by the enterprise during the specific instances handling process without the consent of the parties.
  • ¨ì The NCP is required to implement follow-up measures concerning the agreements outlined in Article 1 or the recommendations specified in Article 2. To achieve this, the NCP may request the involved parties to provide data on the follow-up measures within a designated timeframe or convene a meeting to assess the progress of these measures.
  • ¨í The NCP is mandated to publicly disclose the outcomes of follow-up measures as stated in Paragraph 5.

Chapter 4. Reporting and Oversight

Article 18 Reporting on Activities

  • ¨ç The Secretariat shall annually report on its activities to the Ministry of Trade, Industry, and Energy and the OECD.
  • ¨è The activities mentioned in paragraph 1 include the items listed in Article 12, paragraph 3, and the results of handling specific instances.

Article 19 Supervision and Support

  • ¨ç The NCP is operated under the guidance and supervision of the MOTIE regarding its financial execution and other operational matters.
  • ¨è If deemed necessary for the smooth operation of the NCP, the MOTIE may provide financial support. The NCP may also disburse allowances and travel expenses within the budget to members attending NCP meetings and activities by the mediation committee.

Article 20 Supplementary rules

  • Unless otherwise specified in the Rules, the Chairperson of the NCP shall determine necessary measures concerning the operation of the NCP, Mediation Committee, and the Secretariat.

Supplementary Provision

  • These regulations shall come into effect upon announcement.