Person in charge of request for review
Applicant for review
- A person who is dissatisfied with a notice of a disposition regarding unemployment benefits (hereinafter referred to as "initial disposition") may appeal for review by an examiner. (Article 87(1) of the Employment Insurance Act)
Agent acting for an applicant for review
- An applicant for review may designate any of the following persons as his/her agent in addition to a legal representative: (Article 88 of the Employment Insurance Act)
· The spouse, a lineal ancestor or descendant, or a sibling of the applicant;
· An executive officer or employee, if the applicant is a corporation;
· An attorney-at-law or certified labor consultant;
· Any other person who has been permitted by the Board of Review (Article 99 of the Employment Insurance Act) to represent the applicant.
Succeeding the status of an applicant for review
- Upon the death of an applicant for review, the review process shall be pursued by a surviving family member, as prescribed in Article 57, if the deceased applicant was eligible to receive unemployment benefits or, if not, by the deceased applicant's heir or any other person who succeeds to any right or interest in relation to the initial disposition appealed from. (Article 89(5) of the Employment Insurance Act)
- A person who succeeds to the status of a petitioner for examination shall report it to the competent examiner in writing, along with a document proving such succession. (Article 124 of the Enforcement Decree of the Employment Insurance Act, Article 137 and Annex Form 113 of the Enforcement Rules of the Employment Insurance Act)
The counterparty of a request for review
- The counterparty of an unemployment benefits-related application for review shall be the employment center that has made a relevant disposition. (Article 17 of the Administrative Appeals Act, Article 87-(1) of the Employment Insurance Act)
Requests for review
Requests for review
- All requests for review shall be presented in writing, with the following items included. (Article 91 of the Employment Insurance Act, Article 125(1) of the Enforcement Decree of the Employment Insurance Act, body part of Article 139 and Annex Form 114 of the Enforcement Rules of the Employment Insurance Act)
· The applicant’s name and address
· The name of the office that has made the relevant disposition
· The content of the disposition that is the cause of the request for review
· The date the applicant became aware of the disposition
· The content of the notice (if any) from the office that has made the relevant disposition about the request for review
· The purpose and reason for the request for review
· Date of the request for review
※ The applicant for review may not use the designated form for the request for review. (Article 139 of the Enforcement Rules of the Employment Insurance Act)
Deadline for the request for review
- A request for review shall be filed within 90 days from the date the applicant becomes aware of a notice of confirmation or a disposition. (Article 87(2) of the Employment Insurance Act)
Stay of execution of initial disposition
- The filing of a request for review may not stay the execution of the initial disposition concerned. (Body part of Article 93(1) of the Employment Insurance Act)
※ Provided, that if an examiner deems urgently necessary for preventing serious harm incurred by the implementation of initial disposition, he/she may stay the execution of the initial disposition ex officio. (Article 93(1) of the Employment Insurance Act)
Decision concerning a request for review
Deliberation period of a request for review
- Upon receipt of a petition for review, an examiner assigned to review the case shall make a decision within 30 days. (Article 89(2) of the Employment Insurance Act)
※ Provided, that if an examiner fails to make a decision within that time frame due to extenuating circumstances, a one-time extension of up to ten additional days may be granted. (Article 89(2) of the Employment Insurance Act)
Decision concerning a request for review
- An examiner shall issue a decision dismissing a request for review without prejudice if it has not been filed within the period (i.e. 90 days from the date the applicant becomes aware of a notice of confirmation or a disposition) or if the manner in which it has been presented fails to comply with statutory requirements and rectification is impossible. (Article 92(1) of the Employment Insurance Act)
- Upon completion of a review, an examiner shall either reverse all or part of the initial disposition or dismiss all or part of the request for review. (Article 96 of the Employment Insurance Act)
Notice of the decision on a request for review
- A decision on a request for review shall be made in writing, including the following, and contain the signature or seal of the examiner. (Article 97(1) of the Employment Insurance Act, Article 129 of the Enforcement Decree of the Employment Insurance Act, Article 147 and Form No. 122 in the Attached Table of the Enforcement Rules of the Employment Insurance Act)
· Case No. and name
· The applicant’s name and address
· The name of the office that has made the relevant disposition
· Content of decision
· Purpose of the request
· Reason of the request
· Date of the decision
- Upon making a decision, an examiner shall send an authentic copy of the decision to the applicant for review and the head of the employment security office that made the initial decision or the Korea Workers’ Compensation and Welfare Service. (Article 97(2) of the Employment Insurance Act)
Effectiveness of a decision
Effectiveness of a decision
- A decision shall take effect from the date on which an authentic copy of the decision is sent to the applicant for review and the head of an employment security office or the Korea Workers’ Compensation and Welfare Service. (Article 98(1) of the Employment Insurance Act)
- A decision shall be binding by the head of the employment security office that made the initial decision or the Korea Workers’ Compensation and Welfare Service. (Article 98(2) of the Employment Insurance Act)