Operating Rules

Article 1 (Purpose)

These regulations are enacted to ensure effective implementation 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. 1. “Multinational Enterprise” refers to a company or group of companies that is established in one or more countries and is structured to coordinate its operations across two or more countries.
2. 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 OECD on June 8, 2023.
3. 3. The “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)

1. ① The NCP shall encourage multinational enterprises operating within the territory of the Republic of Korea, or multinational enterprises incorporated in Korea, to implement responsible business conduct in accordance with the Guidelines.
2. ② The interpretation and application of the Guidelines should be carried out in a manner consistent with domestic laws and with due regard for the purpose of the Guidelines.
3. ③ Matters not separately stipulated in these regulations shall be governed by the Guidelines under Article 2.
4. ④ Multinational enterprises shall adhere to the Guidelines in a voluntarily and responsible manner.




Chapter 2 Composition adn Operation of the NCP

Article 4 (Composition and Functions of the NCP)

1. ① The NCP is composed of no more than nine term-appointed members, including one chairperson, and oversees the following duties:
2. 1. 1. Promotion and awareness of the Guidelines
   2. 2. Interpretation of the Guidelines
   3. 3. Handling of specific instances under Article 14
   4. 4. Cooperation with foreign NCPs
   5. 5. Reporting on the implementation status of the Guidelines to the OECD
   6. 6. Other matters regarding the implementation of the Guidelines
3. ② The Chairperson shall be the Director General for Cross-border Investment Policy of the Ministry of Trade, Industry and Resources (hereinafter referred to as “MOTIR”), and the members shall be those specified in the following subparagraphs:
4. 1. 1. A director-level public official of a related ministry, designated by the head of the relevant ministries at the request of the Minister of MOTIR.
   2. 2. A person appointed by the Minister of MOTIR recognized as having professional expertise, abundant experience related to the content of the Guidelines and the ability to perform duties fairly.
5. ③ The secretary of the NCP shall be the Director for Overseas Investment Division of MOTIR.

Article 5 (Duties of the Chairperson)

1. ① The chairperson represents the NCP, presides over NCP meetings and oversees the affairs of the NCP.
2. ② In event that the chairperson cannot perform their duties due to unavoidable circumstances, 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 will act on behalf of the chairperson.

Article 6 (Term and Recommendation of Members)

1. ① The term of office for appointed members under Article 4, Paragraph 2, Subparagraph 2 is three years, and reappointment is permitted only once.
2. ② An outgoing member shall perform their duties until a successor is appointed.
3. ③ In the event of a vacancy among members, the Minister of MOTIR shall, within thirty days from the date the vacancy arises, announce the qualifications, application period and method for recommending a successor through the website and other means.
4. ④ 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 MOTIR.
5. ⑤ The term of office for a member appointed as a successor to a vacancy shall begin anew.

Article 7 (Guarantee of Member Status)

1. A member may not be dismissed against their will unless sentenced to imprisonment without the possibility of parole. Provided that, if a member becomes severely impaired in the performance of their duties due to physical or mental disability or otherwise becomes incapacitated, the member may be retired by a majority vote of at least two-thirds of the attending members.

Article 8 (Disqualification of Members)

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

Article 9 (NCP Meetings)

1. ① The NCP holds meetings to deliberate on the following matters related to its tasks:

   1. Initial assessment, conclusion and follow-up of specific instances

   2. Amendment and revision of the 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

2. ②  NCP meetings shall be convened with the presence of a majority of the members, and decisions shall made by a majority vote of those present. Provided that, if a member is unable to attend due to unavoidable circumstances, they may submit their opinions in writing no later than the day preceding the NCP meeting.
3. ③ Notwithstanding the provisions of Paragraph 2, if the agenda items to be discussed during the meeting are trivial, there is insufficient time to convene a meeting or the Chairperson deems it appropriate, decisions may be made in writing.
4. ④ The chairperson must notify the members of the date, time and agenda of the meeting at least five days prior to the meeting. Provided that, this requirement may be waived in cases of urgency or other unavoidable circumstances.

Article 10 (Disclosure of Deliberations)

The deliberations of NCP meetings shall be disclosed. Provided that, if the NCP determines through deliberation that any of the following subparagraphs apply, all or part of the deliberations may be withheld from disclosure:

1. 1. Matters related to the identity of the complainant and the enterprise, and to the content of the submission
2. 2. Matters classified as confidential or otherwise restricted from disclosure under relevant laws and regulations
3. 3. Matters that may infringe upon the reputation of an individual, corporation or organization, or harm their legitimate interests
4. 4. Matters deemed likely to cause significant impediments to fair decision-making or performance of duties if disclosed, such as the details of discussions in the decision-making process or matters currently under internal review
5. 5. Other matters that the NCP decides not to disclose, including those necessary for the public interest

Article 11 (Mediation Committee)

1. ① The NCP may establish a mediation committee for the effective resolution of specific instances submitted.
2. ② The mediation committee shall consist of between three to five members, including the chairperson.
3. ③ The chairperson of the mediation committee shall be appointed by the NCP chairperson from among the NCP members. The mediation committee members shall be appointed by resolution of the NCP, and may be selected from among NCP members or external experts in the relevant field.
4. ④ A person who falls under any of the subparagraphs of Article 8, Paragraph 3 shall not be appointed as a member of the mediation committee for the specific instance. In this case, “matter” shall be read as “specific instance.”

Article 12 (Secretariat)

1. ① The NCP shall establish a secretariat for the smooth processing of its tasks.
2. ② The secretariat shall be the Korean Commercial Arbitration Board, designated as an arbitration institution under Article 45 of the Foreign Trade Act and Article 40 of the Arbitration Act, and shall consist of one secretary general and other staff as necessary.
3. ③ The secretariat is responsible for the following matters related to the duties under Article 4, Paragraph 1:
   1. 1. Formulating and implementing plans for the promotion and awareness of the Guidelines
   2. 2. Receipt of inquiries under Article 13 and matters related to the responses
   3. 3. Receipt of specific instances, notification of receipt and coordination with foreign NCPs under Article 14; assistance in the initial assessment under Article 15; assistance in the mediation process under Article 16 and investigations for the disclosure of outcomes under Article 17
   4. 4. Preparation of agenda items for NCP meetings, notification of the convening of meetings and support for meetings
   5. 5. Matters related to the administration and use of the NCP operational budget
   6. 6. Other matters recognized by the chairperson as necessary for the tasks of the NCP

Article 12-1 (Establishment of Advisory Body)

1. ① The NCP may establish an advisory body to hear the opinions of stakeholders regarding its administrative affairs (excluding matters concerning ongoing specific instances).
2. ② The advisory body shall consist of no more than ten members.
3. ③ The members of the advisory body shall be commissioned by the Chairperson of the NCP from among experts who are recommended by labor organizations, employers’ organizations and civil society organizations, provided that they belong the organization making the recommendation. The term of office for advisory body members shall be two years and may be renewed only once.
4. ④ Meetings of the advisory body shall be held at least once a year, and allowances may be paid to the members attending the meetings within the limits of the budget.

Article 13 (Inquiries)

1. ① Anyone wishing to receive a specific response from the NCP regarding the interpretation and confirmation of the Guidelines can make such a request by submitting a questionnaire either in Korean or English, as outlined in Attachment 1.
2. ② Inquiries shall, in principle, be submitted in writing, but may also be submitted by mail, telegram, fax or via information and communication networks, including email. Provided that, matters for which proof of intent does not need to be documented can be done verbally or by phone.
3. ③ 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.
4. ④ Unless special circumstances exist, the NCP must respond in writing within thirty days from the date of receipt of the submission under Paragraph 1.
5. ⑤ Special circumstances referred to in Paragraph 4 include cases where the matter is complex and requires fact-finding investigations or interpretation by the OECD.

Article 14 (Receipt of Specific Instances)

1. ① Anyone wishing to raise objections (specific instances) related to the implementation of the Guidelines (hereinafter referred to as the “complainant”) may submit an application using the form provided in Attachment 2, written in either Korean or English.
2. ② Specific instances shall, in principle, be submitted in writing, but may also be submitted by mail, telegram, fax or via information and communication networks, including email.
3. ③ The NCP may request the complainant to supplement the submission within a period not exceeding one month upon receipt of the submission under Paragraph 1. Provided, however, that the time required for such supplementation shall not be included in the periods specified in Paragraphs 4 and 5.
4. ④ The NCP shall decide whether to officially receive the specific instance for review and shall notify the complainant and the relevant multinational enterprise (hereinafter referred to as the “enterprise”) of the decision within one month from the date of receipt of a submission under Paragraph 1.
5. ⑤ If the NCP determines that a submission should not be received for any of the following reasons, it shall notify the complainant of the non-receipt and the reasons therefor within one month from the date of the receipt of the submission:
   1. 1. The content and facts of the specific instances are excessively insufficient or unclear
   2. 2. A request for supplementation under Paragraph 3 is unreasonably declined
   3. 3. The procedure cannot be carried out due to the enterprise’s closure, unknown location or other similar circumstances
   4. 4. The submission is based on the same facts as a previously concluded specific instance
6. ⑥ If the nature of the specific instance involves a foreign NCP, the NCP shall coordinate with the lead NCP and the supporting NCP, and notify the parties of the result within two months from the date of receipt of the submission. Provided that, the NCP may extend this period by up to two months if it is difficult to complete the coordination within the initial period.

Article 15 (Initial Assessment)

1. ① The NCP shall, within three months from the date of receipt of the submission under Article 14, Paragraph 4 (or within three months from the date of completion of coordination in cases falling under Article 14, Paragraph 6), consider the following matters and through deliberation at an NCP meeting, decide whether to proceed with additional procedures such as investigation and mediation. The NCP shall promptly notify the complainant and the enterprise of the results and make them publicly available on the website and other appropriate channels:
   1. 1. the identity of the party concerned and its interest in the matter
   2. 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. 3. whether the enterprise is covered by the Guidelines
   4. 4. whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance
   5. 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. 6. whether the examination of the issue would contribute to the purposes and effectiveness of the Guidelines
2. ② The NCP shall, before conducting the initial assessment, provide an opportunity for the complainant and enterprise to express their opinions or submit supporting documents.
3. ③ If it is deemed inappropriate to disclose the identity of the complainant in the results of the initial assessment, or if the complainant so requests, the identity of the complainant shall not be disclosed externally.

Article 16 (Mediation and Related Procedures)

1. ① 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 specific instances requiring additional procedures under Article 15, Paragraph 1.
2. ② Notwithstanding Paragraph 1, the NCP may proceed with offering good offices to parties who wish to engage in the process even before the initial assessment.
3. ③ Mediation is generally conducted in a confidential manner. Provided that, it may be made open if the parties agree or if the chairperson of the mediation committee deems it necessary.
4. ④ The chairperson of the mediation committee may present a mediation plan to the parties that covers the following aspects below. With the parties’ consent, the mediation process can proceed according to the proposed plan. Any adjustments or alterations to the mediation plans may be made upon agreement by the parties.
   1. 1. Issues to be addressed in mediation
   2. 2. Mediation procedures and schedule
   3. 3. Other matters necessary for the effective conduct of mediation
5. ⑤ The NCP may, if necessary for mediation, commission investigations or research to business groups, labor unions, non-governmental organizations or relevant experts.
6. ⑥ The NCP shall conclude the mediation process within 12 months (or 14 months in cases falling under Article 14, Paragraph 6) from the date of receipt of the submission. Provided that, the processing period may be extended under certain circumstances, such as when the specific instance involves non-adherents or when both parties request or agree to an extension.
7. ⑦ The NCP shall decide on any extension of the processing period pursuant to Paragraph 6 following deliberation at an office meeting. Provided that, if both parties consent, deliberation may be replaced by the Form of Agreement to Extend the Processing Period (Attachment No. 6).

Article 17 (Publication of Processing Results and Related Information)

1. ① The NCP shall publish the details of specific instances, the mediation process, the contents of any agreements reached and the timeline for disclosure agreed upon by the parties, if the parties successfully reach an agreement through mediation.
2. ② In the event that the parties fail to reach an agreement, the NCP shall disclose the details of specific instances, the mediation procedures and the arguments presented by the parties in relation to those specific instances. Additionally, after the deliberation at an NCP meeting, the NCP may, if deemed necessary, include appropriate recommendations to the parties.
3. ③ The NCP shall, within three months after the conclusion of the mediation process, render a decision on the content outlined under Paragraph 1 or Paragraph 2, promptly notify both the complainant and the enterprise of the results and publish them on the website or by other appropriate means.
4. ④ After concluding the mediation process, the NCP may conduct additional investigations, and the results of such investigations may be published together with the matters specified in Paragraph 1 or Paragraph 2.
5. ⑤ The NCP shall provide the parties with an opportunity to express their opinions before publicizing the matters specified in Paragraph 1 or Paragraph 2, and shall not disclose any internal information submitted by the enterprise during the handling of specific instances without the consent of the parties.
6. ⑥ The NCP shall implement follow-up measures concerning the agreements under Paragraph 1 or the recommendations under Paragraph 2. To this end, the NCP may request the involved parties to provide information on the follow-up measures within a designated timeframe or convene a meeting to assess the progress of these measures.
7. ⑦ The NCP is required to publicly disclose the outcomes of follow-up measures outlined in Paragraph 6.

Article 18 (Reporting on Activities)

1. ① The secretariat shall annually report on its activities to the Ministry of Trade, Industry and Resources and the OECD.
2. ② The activities outlined in Paragraph 1 include the items listed in Article 12, Paragraph 3, and the results of handling specific instances.

Article 19 (Supervision and Support)

1. ① The NCP operates under the guidance and supervision of MOTIR with respect to its financial management and other operational matters.
2. ② If deemed necessary for the effective operation of the NCP, MOTIR may provide financial support. The NCP may also, within its budget, disburse allowances and cover travel expenses for members attending NCP meetings and activities organized by the mediation committee.

Article 20 (Supplementary Regulations)

Unless otherwise specified under these regulations, the Chairperson of the NCP shall determine the necessary measures for the operation of the NCP, mediation committee and the secretariat.

These regulations shall come into effect upon their announcement.