Parties Requests for Reexamination
Requester for reexamination
- Any person who is dissatisfied with a decision on a request for examination may file a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee (hereinafter referred to as "Reexamination Committee") (The main sentence of Article 106 (1) of the Industrial Accident Compensation Insurance Act).
- A person who is dissatisfied with a decision on insurance benefits which has been deliberated upon by the Occupational Disease Adjudication Committee may file a request for reexamination without filing a request for examination pursuant to Article 103 of the Industrial Accident Compensation Insurance Act (The proviso to Article 106 (1) of the Industrial Accident Compensation Insurance Act).
Succession to status of a requester for reexamination
- Where a requester for reexamination dies, if they are a beneficiary of insurance benefits, their status shall be succeeded by their survivors as prescribed in Article 62 (1) or 81 of the Industrial Accident Compensation Insurance Act, and, if not, by their heirs or heiresses or a person who has succeeded to the right or interest related to the insurance benefits which are the subject matter of the request for examination or reexamination (Article 110 of the Industrial Accident Compensation Insurance Act).
Appellee of requests for reexamination
- The appellee of a request for reexamination is the Korea Workers' Compensation & Welfare Service which has made the decision, etc. on insurance benefits (Article 17 (1) of the Administrative Appeals Act and Article 111 (3) of the Industrial Accident Compensation Insurance Act).
Filing Requests for Reexamination
Methods of requests for reexamination
- A request for reexamination shall be filed with the Reexamination Committee through a branch office of the Korea Workers' Compensation & Welfare Service (hereinafter referred to as "regional headquarters or branch") which has made the decision, etc. on insurance benefits (Article 106 (2) of the Industrial Accident Compensation Insurance Act).
- A request for reexamination shall be filed in a document specifying the following (Article 105 (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
· Name and address of the requester for reexamination (if the requester for reexamination is a corporation, the name and location of the corporation and the name of its representative);
· Details of the decision, etc. on insurance benefits subject to the request for reexamination;
· Date on which the requester attains the knowledge of the decision (decision, etc. on insurance benefits in the case of a request for reexamination filed by a person who is dissatisfied with a decision on insurance benefits which has been deliberated upon by the Occupational Disease Adjudication Committee without filing a request for examination) on the request for examination;
· Purport of and grounds for the request for reexamination;
· Whether the request for reexamination is informed, and the details thereof.
- If the requester for reexamination is not the worker suffering from an accident (excluding requests for examination related to a decision on medical expenses and medicinal expenses), the following shall be specified in the written request for reexamination in addition to those referred to above (Articles 96 (2) and 105 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
· Name of the worker suffering from the accident;
· Name and location of the business to which the worker belonged at the time of the accident;
· If the request for reexamination is filed by an appointed representative or agent, the name and address of the appointed representative or agent shall be specified in the written request for reexamination in addition to those referred to above (Articles 96 (3) and 105 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
- A written request for reexamination shall be signed or sealed by the requester for reexamination or their agent (Articles 96 (4) and Article 105 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
Period of requests for reexamination
- A request for reexamination shall be filed within 90 days after the decision on the request for examination is informed (The main sentence of Article 106 (3) of the Industrial Accident Compensation Insurance Act).
- Where a person who is dissatisfied with a decision on insurance benefits which has been deliberated upon by the Occupational Disease Adjudication Committee files a request for reexamination without filing a request for examination, the request shall be filed within 90 days after the decision on insurance benefits is informed (Article 106 (3) of the Industrial Accident Compensation Insurance Act).
Request for corrections of requests for reexamination and dismissals
- If a request for reexamination is filed after the expiration of the period of requests for reexamination or violates the formalities as prescribed by statutes to the point of being uncorrectable, or fails to be corrected within the period prescribed by the Reexamination Committee, the Reexamination Committee shall decide to dismiss it (Articles 97 (1) and 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
- Even though a request for reexamination violates the legal formalities, if it is possible to correct such violation, the Reexamination Committee may call on the requester for reexamination to correct it within a reasonable period of time (The main sentence of Article 97 (2) and Article 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
※ If matters to be corrected are insignificant, the Reexamination Committee may make that correction by virtue of its authority (The proviso to Article 97 (2) and Article 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
Suspension of Execution of Decisions, etc. on Insurance Benefits
Suspension of execution of decisions, etc. on insurance benefits
- A request for reexamination shall not suspend the execution of a decision, etc. on the insurance benefits concerned (The main sentence of Article 98 (1) and Article 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
※ If it is deemed urgently needed to avoid grave losses to be caused by the execution, the Reexamination Committee may suspend the execution (The proviso to Article 98 (1) and Article 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
- If the Reexamination Committee suspends an execution of a decision, etc. on the insurance benefits, the Committee shall promptly notify this to the requester for examination in a document specifying the following (Articles 98 (2) and (3) and 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
· Title of the case involving the request for reexamination;
· Decision, etc. on the insurance benefits subject to the suspension of execution, and the details of the suspension of execution;
· Name and address of the requester for reexamination;
· Reasons for the suspension of execution.
Ruling on Requests for Reexamination
Methods of ruling on requests for reexamination
- A ruling on a request for reexamination shall be made in a document specifying the following (Articles 101 (1) and (2) and 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act):
1. Number and title of the case;
2. Name and address of the requester for reexamination (if the requester for reexamination is a corporation, the name and location of the corporation and the name of its representative);
3. Name and address of the appointed representative or agent (limited to a request for reexamination filed by an appointed representative or agent);
4. If the requester for reexamination is not the worker suffering from an accident, the name and address of the worker suffering from an accident;
5. Main text;
6. Purport of the request for reexamination;
7. Reasons;
8. Date of ruling.
Sending, etc. of an original of the written ruling
- When the Korea Workers' Compensation & Welfare Service has ruled on a request for reexamination, it shall send an original of the written ruling to the Korea Workers' Compensation & Welfare Service and the requester for reexamination (Articles 101 (3) and 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
- When the Reexamination Committee rules on a request for reexamination, it shall inform the requester for reexamination of whether they can file an administrative suit with regard to the ruling on the request for reexamination, and of the procedures and period if they file an administrative suit (Articles 101 (4) and 113 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).
Effect of a ruling by the Reexamination Committee
- A ruling by the Reexamination Committee shall be binding on the Korea Workers' Compensation & Welfare Service (Article 109 (2) of the Industrial Accident Compensation Insurance Act).