Remit

The role of the Disputes Committee (hereafter DC) is to investigate complaints regarding breach of discipline or other inappropriate conduct raised against members or bodies of the organization, as well as cases of that nature referred to it by the Steering Committee. The “Code of Ethics for Members of Workers’ Solidarity,” which outlines what constitutes inappropriate conduct, is available to all members. The DC has no authority to conduct criminal investigations or make legal judgments. It cannot rule on “the guilt or innocence” of members but can only rule on whether they have breached organizational discipline or acted out of line with our politics. Sanctions imposed by the DC only relate to members’ position and membership status within the organization.

Composition

The Disputes Committee (DC) is composed of up to 10 members elected by the regular Conference of Delegates.
For cases in which Steering Committee (hereafter SC) members are permitted to sit on a hearing panel (see “Hearings” below), the SC may appoint up to two additional panelists.

The DC may co-opt non-DC members (“external members”) to handle specific cases.

If legal advice or similar expertise is needed, the DC may consult members with the relevant experience.

Unless exceptional circumstances apply, elected DC members must constitute the majority in a hearing panel.

Each year, the DC elects one of its members as Chair.

Referral and Acceptance of Cases

Debate and discussion normally occur in branches and other organizational bodies. However, matters requiring or possibly requiring disciplinary action (i.e., matters that may lead to sanction or changes in membership status) must be referred to the DC or the SC. When appropriate, the DC may refer a case back to the relevant branch, organizational body, or the SC for resolution, or advise members on resolving the problem.

The DC may refuse to accept a case when:

1. the complaint is trivial;

2. there is no basis for suspicion given the available evidence;

3. the intent is to use the DC to pursue a political argument that has already been defeated through democratic procedures within the organization.

Cases may be referred to the DC either by the SC or directly by a member. Non-members may refer cases directly to the National Secretary.

A member filing a complaint against a SC member or full-time officer must refer the case directly to the DC.

Any member who is disciplined by the SC may appeal to the DC. In such cases, the SC will provide a justification for the measure including any evidence which has informed the decision. The procedure for convening a panel to hear the appeal will follow the guidelines set out below, except no members of the SC will sit on the panel.

Precautionary Suspension

During an investigation, the DC may recommend that the SC suspend a member. At this stage, the suspension is precautionary and does not imply wrongdoing. If a member directly refers a case to the DC and preliminary investigation reveals clear grounds for immediate disciplinary action or suspension, the DC must notify the SC. If a suspension is imposed, the DC must endeavor to hold a hearing as promptly as possible (preferably within eight weeks). Suspended members may not attend any events, meetings, or activities hosted by the organization. The DC appoints one of its members to provide the suspended member with regular updates on the handling of their case.

Police and Judicial Authorities

The DC must inform the persons making the allegation or complaint that they may contact the police or seek legal advice at any time. If the police open an investigation, the DC must suspend its own inquiry but may resume once police investigations conclude. Contact with police or other judicial authorities should occur only under exceptional circumstances—e.g., where someone’s safety is under ongoing, serious threat. When the DC contacts police or other appropriate authority, it should inform the complainant whenever possible.

Confidentiality

The DC and all parties must maintain confidentiality before and during the investigation. This is necessary to ensure impartiality, to encourage members to raise concerns freely, and protect members from rumours, speculation, and slander.
Exceptions only apply to cases where a party confides in a member, close friend, family, or professional counselor who is willing to respect the confidentiality of our procedures.

Parties may also seek assistance from anyone they wish to call as a witness. Witness statements must be submitted directly to the DC.

Preliminary Measures

To ensure fairness, the DC must follow these guidelines wherever possible, allowing for necessary flexibility in unusual or complex cases. Even so, deviation from the guidelines should be kept minimal.

• Once a case is received, the Chair—or another DC member—must promptly contact the parties, notify them of the case, provide the “Terms of Reference and Procedures for the Workers’ Solidarity Disputes Committee” document, and explain the process. The Chair or DC member must also explain the importance of confidentiality. For cases involving sexual misconduct, the Chair must consider whether the complainant needs support and, if necessary, connect them with an appropriate member or support service (see Appendix). If the Chair communicated the above information by phone, it must be followed up in written form.

• If complaints about a member are raised via social media or other channels, the SC may refer the matter to the DC even if no formal complaint has been filed. The case should then be processed as closely as possible to a formally submitted case. The DC may also investigate such cases on its own initiative, without referral from the SC.

• If the Chair determines that the allegation is serious—e.g., sexual misconduct or another grave matter—the DC must recommend to the SC precautionary suspension of the person complained against, without undermining the overall procedures.

• If a police investigation is underway, the Chair must pause the DC’s own investigation.

• Upon receiving a case, the DC must hold an initial meeting to assess the nature of the case, determine whether it falls under the DC’s remit, whether further investigation is needed, or whether the matter should be referred back to a more appropriate body.

• If the DC decides to take the case, it must appoint at least two of its members as investigators. DC members who are not investigators must not contact parties without prior agreement from the investigators.

• Investigators should ideally have no direct connection to the parties involved (e.g., not belong to the same branch, union, campaign group, or coalition). If this is not feasible, the DC should consider co-opting an external member.

• The DC cannot formally hear cases against individuals who have left the organization, but it may retain evidence gathered in preliminary investigations and reopen investigations if the ex-member re-applies for membership.

Fact-finding

• Investigators must conduct initial interviews with all parties to establish the facts and clarify to them the process to be followed. Initial interviews must also:

• • explain the DC procedures and timeline;

  • clarify who may serve as witnesses, either by attending hearings or submitting statements;

  • explain reasonably expected or plausible outcomes;

  • ask a victim of alleged sexual misconduct whether they wish to involve the police and offer support if that is the case.

• After initial interviews, investigators must report whether—if the allegations are true—the matter would constitute a breach of organizational rules or the Code of Ethics. At this stage, the DC must decide whether to hold a formal hearing, seek further advice (e.g., from the National Secretary), or propose informal resolution or more appropriate handling by a different organizational body.

Hearing

• If a formal hearing is decided, the panel should usually be composed of DC members. SC members cannot sit on panels hearing appeals against disciplinary measures taken by the SC. The same considerations that informed the appointment of investigators should also inform the composition of the panel. If the complaint is against a SC member, no SC member may sit on the panel, nor any former SC member who served in the SC at the same time as the SC member being complained against.

• The panel must establish and inform parties of the approximate schedule, including when the person complained against will receive full details of the complaint.

• Hearings of sexual misconduct cases must be held at the earliest possible time (preferably within eight weeks).

• Both the complainant and the person complained against may bring one supporting member to the hearing.

• In almost all cases, panels consist of at least three elected DC members. Up to two SC members may join a panel except when an appeal against a SC decision is being heard or where a SC member is the subject of a complaint.

• The member complained against will receive a written statement of the case against them in advance of the hearing. In cases that are appeals against SC disciplinary action, the SC must provide a written statement of why they have taken the action. If the authors of the statements feel they wish to include matters within the statement that cannot be shown to a party to the dispute, they should state what elements they wish redacted. This may be, for example, because this might put individuals at further risk of abuse. The member will be invited to reply to the statement against them in writing before the hearing. They may wish to dispute the facts, the interpretation or the politics of the case against them. The member may want to wait till the hearing to respond. A copy of any written reply should be sent to the person making the complaint, or the National Secretary in the event of an appeal against the SC’s disciplinary action. Written statements should normally be exchanged no later than 2 weeks before the hearing date.

• All parties should inform the DC of any witnesses they intend to call or provide statements from witnesses no later than 2 weeks before the hearing.

• A realistic timescale of the hearing should be given to all parties to avoid all parties stress during the hearing waiting to speak or answer questions, and also to give the DC time to fully reflect on what it has heard.

• The member against whom a complaint has been made may be present in the room while the complainant testifies, and can ask the DC panel for the right to ask questions of any witness. But any member can ask to speak to the panel in private, and the DC panel can rule on such requests on a case by case basis.

• In sexual misconduct cases, unlike in other cases, the member against whom a complaint has been made should not be present when the member bringing the complaint or other witnesses testify. However, sometimes the member bringing the complaint may wish to be present when the evidence of the person complained against is heard, and the panel should decide if this is allowable.

• In sexual misconduct cases, it is important that all parties are kept informed from time to time of the basis on which the case is being pursued and contested. The DC should therefore be given discretion to appoint a note-taker from among its members to be responsible, along with the rest of the DC, for conveying what the panel has heard to the parties who were not present in the sessions.

• If the member complained against has chosen to wait until the hearing to make a statement (rather than submitting a written statement in advance), then the member who has made the complaint should be given reasonable time to adjourn to reflect on the other party’s argument before being questioned. The length of adjournment should be agreed by the panel and the complainant. Exceptionally, if new evidence is presented that would require time to refute, the DC should consider whether the hearing must be postponed. These rules apply to both the complainant and the member being complained against.

• In sexual misconduct cases, all parties should be given reasonable time to adjourn to reflect on any information submitted to the DC, and in exceptional circumstances the DC must consider whether the hearing should be postponed to allow more time.

• The panel must communicate its decision to the parties as soon as possible. Where possible this should be done verbally at the close of the hearing or immediately thereafter. No document should contain the names of either party. The DC must provide a written response to both parties in a timely manner, which communicates at least the following:

• • A summary of the approach taken by the DC panel.

  • A summary of the political decisions, and an explanation of why they were taken.

  • A summary of the outcome – e.g. no further action, censure, suspension from duty, membership suspension, expulsion.

  • An explanation of what happens next – e.g. report to Conference, appeals procedure if appropriate.

• In sexual misconduct cases, the DC can offer to meet separately with all parties to discuss what happens next. It may still be appropriate at this stage to offer to direct the member who brought a complaint towards further support organisations. The National Secretary may also discuss the case with leaders of branches or other organizational units (within the confines of confidentiality) to ensure that members involved in the dispute are not subject to gossip, speculation and slander, whatever the outcome of the case.

• The DC panel must also communicate its decision to the appropriate member of the SC (usually the National Secretary). If the DC panel has decided that disciplinary measures are needed, the SC is responsible for implementing them. Where necessary the SC must inform appropriate bodies (such as branches) of the decision (taking into account questions of confidentiality).

DC Rulings

The DC can decide upon the following measures:

• No further action

• Censure

• Removal from duty

• Change of status to “Unattached Member”: Unattached Members are members not belonging to any branch or other organizational body. A member designated “unattached” may be barred by the DC or SC from attending any meetings or activities at the level of branches or other organizational bodies. They may not be elected as cadres or delegates. However, unless the DC or SC decides otherwise, unattached members may attend national events.

• Temporary suspension: Unlike precautionary suspension mentioned above, this form of suspension means that the individual concerned is no longer a member of Workers’ Solidarity. They will however have the right to have their application to re-join considered by the DC at the end of that fixed period. The DC will then make a recommendation to the SC, which will decide if they are to be re-admitted.

• Expulsion

The SC, usually through the National Secretary, is responsible for implementing decisions taken by the DC and informing appropriate organizational bodies such as branches of the relevant facts, taking into account questions of confidentiality.

In the case of appeals against SC decisions, the DC has power to alter SC decisions in either direction.

In all cases the DC operates independently of the SC, but its decisions are provisionally ratified by the SC subject to the final decision of the Conference of Delegates. Accordingly, the DC regularly reports to the SC on its activities and makes special reports upon request by the SC.

Appeals

Parties to a case (persons making the complaint, being complained against, or alleged victim of misconduct) may appeal a DC or SC decision within seven days of receiving the decision letter. A decision letter must include instructions on deadlines and procedures for appeal.

In sexual misconduct cases, this deadline may be extended based on the complainant’s needs following consultation with the DC.

DC members who sat on the original panel cannot sit on the appeal panel.
They must forward all materials—including evidence supporting disciplinary actions—to the appeal panel.

Appeals follow the same procedures as those for non-appeals cases outlined above.

Reviews (Re-hearings)

A review must take place if new evidence emerges or if the DC’s decision fails to be approved by the Conference of Delegates.
Any Delegate or SC member may submit a motion to annul part or all of a DC decision reported to the Conference of Delegates.
Members who were expelled or suspended upon decision by the DC cannot attend the Conference of Delegates to contest the decision.

The composition of the review panel and its procedures should follow the regulations below.

Reporting back to the Conference of Delegates

The DC reports back to the Conference of Delegates where its activities are subject to endorsement or otherwise.

In sexual misconduct cases or other sensitive cases, it may sometimes not be appropriate to report to the Conference. In any such cases the DC has the right to consult with the SC on the appropriate form of reporting back.

If the report, or a section of the report is not endorsed by the Conference of Delegates, then that section of it should be reviewed (re-heard) by the incoming DC after Conference. Members of the DC who heard the original complaint should not be on the review panel. If necessary, the DC may need to use its powers of co-option to create an acceptable panel to rehear the case. The decision of the review panel supersedes the earlier decision, and this review panel shall make a report to the Conference of Delegates in addition to the DC report. The decision of the Conference on this review panel’s decision shall be final and binding.

Appendix: External Support Services

(Services recommended by the Ministry of Gender Equality and Family as of September 2023)

• Emergency Hotline for Women: 1366
  24-hour crisis counseling, emergency shelters.
  Phone: 1366 (no area code)

• Domestic Violence / Sexual Violence Counseling Centershttp://www.mogef.go.kr/inc/fs_fsc_s003.do?mid=fsc300

• Sunflower Center
  Provide psychological, medical, investigative, and legal support for victims of domestic violence, sexual violence, and sex trafficking.

• Workplace Sexual Harassment & Violence Reporting Center
  Anonymous pre-report counseling
  Phone: 02-735-7544 (Weekdays 10:00–17:00; holidays handled via 1366)