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Remedies for Social Welfare Benefit Rights in Korea: Appeals Under Industrial Accident, Health Insurance, Pension and Public Assistance Laws
※ You can preview page 1 as is. Buy it to download the complete original file right away. The file itself is written in Korean.
A 6-page Korean report on how people can challenge decisions denying social welfare benefits in Korea. It explains the legal nature of welfare entitlements, the two-stage administrative review system (objection or review request, then re-review treated as an administrative appeal), compares appeal procedures and 90-day deadlines under the industrial accident, national health insurance and national pension laws and public assistance, and analyzes a Seoul Administrative Court case on residents' rights in a disability care facility.
The procedures for requests for review and requests for re-review under the National Pension Act are prescribed as follows. A person who objects to a disposition by the National Pension Service concerning a subscriber's eligibility, standard monthly income, pension contributions, other amounts collected under the National Pension Act, or benefits may request a review from the Service (Kim Gu, 2023). The request for review must be made in writing within 90 days of learning of the disposition, but where it is proven that the request could not be made within the period for a justifiable reason, a request may be made even after the period has passed. An institutional device was also established so that a person dissatisfied with the above decision can request a re-review from the National Pension Re-Review Committee within 90 days of receiving notice of the decision (Kim Gu, 2023).
Under the National Basic Living Security Act, legal provisions allow rights to be remedied through objections. A recipient or a person who applied for benefits or a change in benefits may, if he or she objects to a disposition by the mayor, county head or district head, file an objection in writing or orally with the Mayor/Do Governor through the relevant security agency within 60 days of receiving notice of the decision (Kim Gu, 2023). In this case, the official of the security agency who received an oral objection is to help prepare the written objection. The mayor, county head or district head who received such an objection must, within 10 days, send it to the Mayor/Do Governor with an opinion and related documents attached (Kim Gu, 2023). It is provided that the Mayor/Do Governor, upon receiving the written objection, conducts the necessary review within 30 days and dismisses the objection, changes or revokes the disposition, or orders other necessary benefits, and notifies the applicant and the mayor, county head or district head of the outcome in writing (Kim Gu, 2023). If there is an objection to that disposition, one can file an objection in writing or orally with the Minister of Health and Welfare through the Mayor/Do Governor within 60 days of receiving notice of the disposition.
For reference, under current law the appeal periods are 90 days each for requests for review and re-review in industrial accident insurance (Articles 103 and 106 of the Industrial Accident Compensation Insurance Act), 90 days for objections and requests for adjudication in health insurance (Articles 87 and 88 of the National Health Insurance Act), and 90 days for requests for review and re-review in the national pension (Articles 108 and 110 of the National Pension Act). Article 39 of the Framework Act on Social Security provides that a person whose rights and interests are infringed by an unlawful or unjust disposition can obtain relief through administrative appeals and administrative litigation. The objection period for basic livelihood security benefits is amended frequently, so check the current provisions of the National Basic Living Security Act separately.
✦ At a glance
Article 34 of the Korean Constitution guarantees the right to a decent life, and individual statutes turn that promise into concrete benefit rights. Most social insurance laws require an objection or review request within 90 days of learning of the decision.
A second-stage re-review is treated as an administrative appeal, after which the claimant can sue in administrative court. In the U.S., comparable benefit appeals, such as Social Security denials, also move through agency reconsideration and hearings before federal court review.
Note: the paper itself is written in Korean and discusses Korean law. This page is general study information, not legal advice.
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