国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 119~Article129

Article 119 (Receipt and Disbursement of Reserves, etc.)

Matters necessary for the receipt and disbursement of reserves and surplus of the Fund referred to in Article 84 of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

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

With respect to matters not provided for in the Act and this Decree concerning the operation and management of the Fund, the National Finance Act and the Management of the National Funds Act shall apply mutatis mutandis.

Chapter VII PETITIONS FOR EXAMINATION AND REVIEW

Article 121 (Qualification of Examiners)

An employment insurance examiner prescribed in Article 89 of the Act (hereinafter referred to as "examiner") shall be appointed from among any of the following public officials under the control of the Ministry of Employment and Labor:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.A public official of Grade V or higher in general service or a public official in general service belonging to Senior Civil Service Corps among public officials under the control of the Ministry of Employment and Labor, who has engaged in services relating to petitions for examination or review of insurance for one year or longer;

2.A public official of Grade V or higher in general service or a public official in general service belonging to Senior Civil Service Corps among public officials under the control of the Ministry of Employment and Labor, who has engaged in the insurance service for two years or longer;

3.Any other person recognized by the Minister of Employment and Labor as qualified as those prescribed in subparagraph 1 or 2.

Article 122 (Assignment and Duties of Examiners) (1) An examiner shall be assigned to the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) An examiner shall be responsible for work relating to review designated by the Minister of Employment and Labor and case studies of petition for review.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 123 (Method of Applications for Challenge) (1) The application for challenge against an examiner prescribed in Article 89 (4) of the Act shall be filed in writing, specifically stating the grounds for the challenge.

(2) The Minister of Employment and Labor shall, upon receipt of an application for challenge filed as prescribed in paragraph (1), make a decision on the application within 15 days and shall give notice of his/her decision to the applicant.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 124 (Reporting on Succession to Status of Petitioner)

A person who succeeds to the status of a petitioner for examination, as prescribed in Article 89 (5) of the Act shall report such fact to the competent examiner in writing, along with a document proving such succession.

Article 125 (Method of Petitioning for Examination) (1) The document petitioning for an examination prescribed in Article 91 of the Act shall contain the following information:

1. Name and address of the petitioner;

2. Name of the disposition agency as the respondent;

3. Details of the disposition subject to the petition for examination;

4. Date on which the disposition is known to the petitioner;

5. Whether there has been a notice concerning the petition for examination in relation to the disposition agency as the respondent and the contents of such notice, if any;

6. Purport of and reasons for the petition for examination;

7. Date of the petition for examination.

(2) Where a petition for examination is raised by the representative petitioner appointed by petitioners or an agent, the name and address of the representative petitioner or the agent shall be described in addition to the details prescribed in paragraph (1), and the qualifications for the appointed representative petitioner or the agent shall be vindicated in writing.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) The petitioner or his/her agent shall write his/her name and affix his/her seal on the written statement prescribed in paragraph (1).

Article 126 (Revised Petition for Examination) (1) An order to revise a petition for examination prescribed in the main sentence of Article 92 (2) of the Act shall be issued in a document containing the following matters:

1. Matters that shall be revised;

2. Reasons why the revision is required;

3. Deadline for the revision;

4. Other necessary matters.

(2) An examiner shall, when he/she revises a petition for examination at his/her discretion pursuant to the proviso to Article 92 (2) of the Act, give notice of such correction to the relevant party.

Article 127 (Notice of Suspension of Execution of Original Disposition)

A document notifying the suspension of execution prescribed in Article 93 (2) of the Act shall state the following matters:

1. Name of the case of petition for review;

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

3. Name and address of the petitioner;

4. Name of the disposition agency as the respondent;

5. Reasons for the suspension of execution.

Article 128 (Investigation for Hearings) (1) An application for an investigation to hold hearings on the petition for review prescribed in Article 94 (1) of the Act shall be filed in a document stating the following matters:

1. Name of the case of petition for review;

2. Purport of and reasons for the application;

3.Name and address of the person who is required to appear (which shall be stated only in cases prescribed in Article 94 (1) 1 of the Act);

4.Name and address of the person who owns or possesses a document or any other article required to be submitted (which shall be stated only in cases prescribed in Article 94 (1) 2 of the Act);

5. Matters for which an expert opinion is required and the grounds therefor (which shall be stated only in cases prescribed in Article 94 (1) 3 of the Act);

6.A place of business or any other place to which access is required, a business owner, an employee, or any other person involved to whom inquiries shall be made, and documents and other articles that shall be inspected (which shall be stated only in cases prescribed in Article 94 (1) 4 of the Act).

(2) When an examiner conducts an investigation into evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a protocol of the investigation of evidence. In such cases, when the examiner hears an oral statement of the petitioner for review or a person involved pursuant to Article 94 (1) 1 of the Act, he/she shall prepare a protocol of oral statement and attach it to the protocol of the investigation of evidence.

(3) The protocol of investigation of evidence prescribed in paragraph (2) shall contain the following matters, and the relevant examiner shall write his/her name and affix his/her seal thereon:

1. Indication of the case;

2. Date and place of the investigation;

3. Subject matter and method of the investigation;

4. Results of the investigation.

Article 129 (Decision Letter)

The decision on a petition of review prescribed in Article 96 of the Act shall be delivered in the form of a decision letter that shall contain the following matters and on which the relevant examiner shall affix his/her signature or seal:   <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

1. Number and name of the case;

2. Name and address of the petitioner;

3. Name of the disposition agency as the respondent;

4. Main text;

5. Purport of the petition;

6. Reasons;

7. Date of the decision.