国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 120~Article129

Article 120 (Mutatis Mutandis Application of the State Financial Act and the Management of the National Funds Act)

Matters not prescribed by the provisions of the Act or this Decree regarding the operation or management of the fund, shall be subject to the State Financial Act and the Management of the National Funds Act.

Chapter Ⅶ Request for Examination and Reexamination

Article 121 (Qualifications of Examiner)

The employment insurance examiner (hereinafter referred to as “the examiner”) under Article 89 of the Act shall be appointed from among the public officials of the Ministry of Employment and Labor who fall under any of the following subparagraphs:   <Amended by Presidential Decree No . 22269, Jul. 12, 2010>

1.A general public official of Grade 5 or higher in the Ministry of Employment and Labor or a general public official in the Senior Civil Service who has worked on affairs related to examinations or requests for re-examinations on employment insurance for one year or more ;

2.A general public official of Grade 5 or higher in the Ministry of Employment and Labor or a general public official in the Senior Civil Service who has worked in employment insurance affairs for two years or more; and

3.Other persons who are recognized by the Minister of Employment and Labor as having the qualifications listed in subparagraph (1) or (2).

Article 122 (Placement and Duty of Examiner) (1) The examiner shall be placed in the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The examiner shall be in charge of examination affairs and studying cases of requests for examination designated by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 123 (Method of Application for Challenge) (1) An application for challenge against the examiner made pursuant to Article 89 (4) of the Act shall be made in writing with the reasons clearly indicated.

(2) When the Minister of Employment and Labor receives the application for challenge under paragraph (1), he/she shall make a decision within 15 days and notify the applicant of it.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 124 (Report on Succession to Status of Claimant)

The person who succeeds to the status of a claimant for examination pursuant to Article 89 (5) of the Act shall report this to the examiner in writing, attaching documents proving the succession.

Article 125 (Method of Request for Examination) (1) The following matters shall be stated in a written request for examination under Article 91 of the Act:

1.Name and address of the claimant;

2.Name of the office which has make the decision as the claimee;

3. Details of the decision which is the subject of the request for examination;

4. Date of coming into knowledge of the decision;

5.Existence and contents of the notification regarding the request for examination by the office which has made the decision as the claimee;

6.Purport and reasons for examination request; and

7. Date of the request for examination.

(2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters described in paragraph (1) shall be stated, and the qualifications of the selected representative or agent shall be provided in writing.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) The written documents described in paragraph (1) shall be signed and sealed by the claimant or the agent.

Article 126 (Correction of Request for Examination) (1) The correction of a request for examination under Article 92 (2) of the Act shall be ordered using a document stating the following matters:

1. Matters to correct;

2. Reasons for demanding the correction;

3. Period of correction; and

4. Other necessary matters.

(2) If an examiner corrects a request for examination ex officio pursuant to the proviso of Article 92 (2) of the Act, he/she shall notify the person concerned of this.

Article 127 (Notification about Suspension of Execution of Original Decisions)

The following matters shall be stated in a written notification about the suspension of execution under Article 93 (2) of the Act:

1.Case name of the request for examination;

2.Decision subject to the suspension of execution and details of the suspension of execution;

3.Name and address of the claimant;

4.Name of the office which has made the decision as the claimee; and

5.Reasons for the suspension of execution.

Article 128 (Investigation for Review) (1) An application for an investigation conducted pursuant to Article 94 (1) of the Act to review a request for examination shall be made in writing with the following matters stated:

1.Case name of the request for examination;

2.Purport and reasons of the application;

3.Name and address of related persons who are required to appear in person (restricted to the case of Article 94 (1) 1 of the Act.);

4.Name and address of the owner or custodian of documents, and other materials required to be submitted (restricted to the case of Article 94 (1) 2 of the Act);

5. Matters requiring legal consultation and reasons therefor (restricted to the case of Article 94 (1) 3 of the Act); and

6.Workplaces and other places to enter, employers, employees and other related persons to be questioned, documents and other materials to be inspected (restricted to the case of Article 94 (1) 4 of the Act.)

(2) If the examiner investigates evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a report on evidence. In such cases, if he/she gets statements from the examination claimant or a related person under Article 94 (1) 1 of the Act, he/she shall prepare a statements protocol and annex it.

(3) The following matters shall be stated in the report on evidence under paragraph (2) and the examiner shall sign and seal it:

1. Indication of the case;

2. Date, time and place of the investigation;

3. Subject and method of the investigation; and

4. Result of the investigation.

Article 129 (Written Decision)

The decision on a request for examination under Article 96 of the Act shall be made by the written verdict with the following matters stated, and this shall be signed or sealed by the examiner:   <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

1. Number and name of the case;

2. Name and address of the claimant;

3.Name of the office which has made the decision as the claimee;

4.Main text;

5.Objectives of the request;

6.Reasons; and

7. Date of decision.