国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 130~Article143

Article 130 (Commissioning and Appointment of Members of Board of Review) (1) Members representing workers among members of the Employment Insurance Board of Review prescribed in Article 99 (1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Members of the Board of Review, except a member representing workers, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons: Provided, That standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.A person who holds the qualification as a judge, public prosecutor, or attorney at law;

2.A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act;

3. A person who served or serves as a Grade III or higher public official, or a public official, in general service belonging to in Senior Civil Service Corps;

4.A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor;

5.A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor.

(3) The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to Senior Civil Service Corps as the ex officio member of the Board of Review.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 131 (Term of Members) (1) The term of members of the Board of Review shall be three years, but may be renewed consecutively for further terms.

(2) In the event that a vacancy occurs in membership, a member filling the vacancy shall serve for the remaining term of his or her predecessor: Provided, That where a vacancy occurs in the position of standing members (including the Chairperson), a member filling the vacancy shall begin a new term.

(3) Members may carry out their duties despite the expiration of their terms prescribed in paragraph (1), until their successors are appointed.

[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]

Article 132 (Treatment of Members)

Allowances and travel expenses may be reimbursed to members who attend meetings of the Board of Review, other than standing members and the ex officio member, as may be necessary, within the budget. In such cases, the travel expenses shall be reimbursed according to the regulation on travel expense of public officials.

Article 133 (Chairperson and Vice-Chairperson) (1) The Board of Review shall have one chairperson and one vice-chairperson.

(2) The chairperson of the Board of Review shall be appointed by the President upon recommendation of the Minister of Employment and Labor from among standing members, and the vice-chairperson shall be elected from among members.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 134 (Duties) (1) The Chairperson shall represent the Board of Review, and shall exercise overall control over the administrative affairs of the Board of Review.

(2) The Vice-Chairperson shall assist the Chairperson, and shall act on behalf of the Chairperson when the Chairperson is unable to perform his/her duties due to unavoidable cause.

Article 135 (Meetings) (1) Meetings of the Board of Review shall be comprised of no more than nine members, including the Chairperson or Vice-Chairperson, the ex officio member, and each member representing workers and employers designated by the Chairperson for each meeting.

(2) When the Chairperson of the Board of Review intends to call a meeting, he/she shall give a written notice of the date and venue of the meeting, and the agenda items to each member by no later than five days before the opening of the meeting: Provided, That the foregoing shall not apply in cases of an emergency.

(3) A majority of the members of the Board of Review under paragraph (1) shall constitute a quorum and any decision thereof shall require the concurring votes of at least a majority of those present at such meetings.

Article 136 (Placement of Specialists) (1) The Minister of Employment and Labor may, pursuant to Article 99 (8) of the Act, have specialists in the Board of Review to assign them to carry out specialized survey research as may be necessary for the review of the Board of Review.  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010>

(2) Necessary matters concerning the qualification for, service of, and remuneration of specialists shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010>

Article 137 (Notice)

A written notice of the date and venue of hearings prescribed in Article 101 (1) of the Act shall be given, and shall be served in person or by registered post.

Article 138 (Application for Closed Hearing)

The written application for closed hearing prescribed in the proviso to Article 101 (3) of the Act shall be filed, stating the purport of and grounds for the application.

Article 139 (Protocol of Hearings) (1) The protocol of hearings prescribed in Article 101 (4) of the Act shall contain the following matters:

1. Case number and name;

2. Date and venue for hearing;

3. Names of members present;

4. Name of a party or his/her agent present;

5. Details of hearing;

6. Other necessary matters.

(2) The protocol of hearing referred to in paragraph (1) shall contain the date of preparation, and the Chairperson shall affix his/her signature and seal thereon.

(3) The written application for inspection prescribed in Article 101 (5) of the Act shall be filed.

Article 140 (Method of Petitioning for Review) (1) The written petition for review prescribed in Article 87 of the Act shall be filed, stating the following details:

1. Name and address of the petitioner;

2. Matters referred to in Article 125 (1) 2 through 4;

3. Name of the examiner who made the decision;

4. Date on which the decision is made known to the petitioner;

5. Whether there has been a notice concerning petitioning for review by the examiner who made the decision and the contents of the notice;

6. Purport of and grounds for the petition for review;

7. Date of the petition for review.

(2) Where a petition for review is filed 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 descriptions specified 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) Each petitioner or agent shall write his/her name and affix his/her seal on the document under paragraph (1).

Article 141 (Written Adjudication)

A written adjudication on a petition for review shall contain the following matters, and the Chairperson of the Board of Review and the members involved in the adjudication shall affix their signatures or seals thereon:   <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

1. Case number and name;

2. Name and address of the petitioner;

3. Name of the administrative agency that made the original disposition;

4. Name of the examiner who made the decision on the petition for review;

5. Main text;

6. Purport of the petition;

7. Grounds;

8. Date of adjudication.

Article 142 (Application Mutatis Mutandis)

Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the Board of Review and the review. In such cases, "examiner" in Article 123 shall be construed as "member of the Board of Review;" "Minister of Employment and Labor" in the said Article as "Chairperson of the Board of Review;" "petitioner for examination" in Articles 124 and 128 as "petitioner for review;" "examiner" in Articles 124, 126, and 128 as "chairperson of the Board of Review;" and "petition for review" in Articles 126 through 128 as "petition for review".  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Chapter VIII SUPPLEMENTARY PROVISONS

Article 143 (Expenses for Medical Examinations)

The head of an employment security office may, when he/she orders a medical examination pursuant to Article 111 of the Act, pay the actual expenses incurred in going through such medical examination.