Person in charge of request for further review
Applicant for further review
- A person who is dissatisfied with the decision of an examiner concerning initial disposition may file a request for further review by the Board of Review (Article 99 of the Employment Insurance Act). (Article 87(1) of the Employment Insurance Act)
Agent acting for an applicant for further review
- An applicant for further 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 to represent the applicant
Succeeding the status of an applicant for further review
- Upon the death of an applicant for further 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 head of the Board of Review in writing, along with a document proving such succession. (Articles 142 and 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)
Counterparty of an application for further review
- The counterparty of an unemployment benefits-related application for further review shall be the employment security office that made a relevant disposition or the Korea Workers’ Compensation and Welfare Service. (Article 100 of the Employment Insurance Act)
A request for further review
A request for further review
- A request for further review shall be made in writing, including the following: (Articles 102 and 91 of the Employment Insurance Act, Article 140(1) of the Enforcement Decree of the Employment Insurance Act, body part of Article 151 and Annex Form 126 of the Enforcement Rules of the Employment Insurance Act)
· The applicant’s name and address
· The name of the disposition agency as the respondent (Article 125(1)-2 of the Enforcement Decree of the Employment Insurance Act)
· Details of the disposition subject to the request for further review. (Article 125(1)-3 of the Enforcement Decree of the Employment Insurance Act)
· Date on which the disposition is known to the applicant (Article 125(1)-4 of the Enforcement Decree of the Employment Insurance Act)
· Date on which the decision is known to the applicant
· The name of the examiner who made the relevant decision
· The content of the notice (if any) from the said examiner about the request for further review
· The purpose and reason for the request for review
· Date of the request for further review
※ The applicant for further review may not use the designated form for the request for further review. (Article 151 of the Enforcement Rules of the Employment Insurance Act)
Deadline for the request for further review
- A request for further review shall be filed within 90 days from the date the applicant becomes aware of the examiner’s decision. (Article 87(2) of the Employment Insurance Act)
Stay of execution of initial disposition
- The filing of a request for further review may not stay the execution of the initial disposition concerned. (Articles 102 and body part of 93(1) of the Employment Insurance Act)
※ Provided, that if the Board of Review deems it urgently necessary for preventing serious harm incurred by the implementation of initial disposition, it may stay the executive of the initial disposition ex officio. (Articles 102 and 93(1) of the Employment Insurance Act)
Decision concerning a request for further review
Deliberation period of a request for further review
- Upon receipt of a petition for review, the Board of Review shall make a decision within 50 days. (Body part of Article 99(7) of the Employment Insurance Act)
※ Provided, that if the Board of Review 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. (Articles 99(7) and 89(2) of the Employment Insurance Act)
Decision concerning a request for further review
- The Board of Review shall issue a decision dismissing a request for further review without prejudice if it has not been filed within the period (i.e. 90 days from the date the applicant becomes aware of the examiner’s decision) (Article 87(2) of the Employment Insurance Act) or if the manner in which it has been presented fails to comply with statutory requirements and rectification is impossible. (Articles 102 and 92(1) of the Employment Insurance Act)
- Upon finishing the deliberation of the request for further review, the Board of Review shall revoke the initial disposition partly or wholly or dismiss the relevant request partly or wholly. (Articles 102 and 96 of the Employment Insurance Act)
Notice of the decision on a request for further review
- The written notice of the decision on a request for further review shall include the following and be signed or sealed by the head and members of the Board of Review who took part in the decision. (Articles 102 and 97 (1) of the Employment Insurance Act, Article 141 of the Enforcement Decree of the Employment Insurance Act, Article 153 and Annex Form 127 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 made the initial disposition
· The name of the examiner who made the relevant decision
· Content of decision
· Purpose of the request
· Reason of the request
· Date of the decision
- Upon making a decision, the Board of Review shall send an authentic copy of the decision to the applicant for further review and the head of the employment center that made the initial decision. (Articles 102 and 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. (Articles 102 and 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. (Articles 102 and 98(2) of the Employment Insurance Act)
- In applying Article 18 of the Administrative Litigation Act, adjudication on a request for further review shall be construed as an adjudication on an administrative appeal. (Article 104(1) of the Employment Insurance Act)
Objection to a decision
Administrative litigation
- A person who has an objection to the Board of Review’s decision on the request for further review may file an administrative litigation against the local labor office that made the initial decision within 90 days from the receipt of the authentic copy of the Board’s decision. (Articles 13 and 20 of the Administrative Litigation Act)