Leave the provisions of the’application period of 12 months’ law
The judgment of the first and second judges is divided… Supreme Law “enforced regulations”
Source photo” alt=”A view of the Supreme Court. <한겨레> Material photo” />
The view of the Supreme Court. Base photo
The Supreme Court judged that parental leave benefits cannot be received if they do not apply within one year, which is the period stipulated by the law. On the 18th, the Supreme Court alliance body (President Kim Myung-su, Chief Justice of the Supreme Court) said on the 18th in the appeal of a lawsuit for canceling the disposition, such as sub-payment of parental leave payments, etc. The case was returned to the Seoul High Court after breaking the court ruling that canceled the disposition of non-payment of parental leave benefits. After giving birth to a child in October 2014, a worker took prenatal leave until December 2014, and took parental leave from December 2014 to December 2015. Since then, in February 2017, he applied for parental leave and post-natal leave benefits respectively. However, the Seoul Regional Employment and Labor Administration’s Seoul Gangnam Branch refused to pay the salary because one year has passed since the end of the maternity leave and parental leave before and after childbirth. Prior to the revision in 2019, the Employment Insurance Act stipulated that a person who intends to receive parental leave benefits must apply from one month after starting parental leave and within 12 months after the end of parental leave. However, in the same law, the extinctive prescription of the right to claim was specified as three years, but in order to clarify that the application period applies, the right to receive parental leave benefits from the extinctive prescription after the revision was deleted. Accordingly, the first trial dismissed Mr. A’s request because it was legitimate to refuse it because he applied for parental leave benefits after the application period had elapsed. On the other hand, the second trial reversed the judgment of the first trial, saying that it falls under the’discipline rule’, which does not take effect even if the provision is violated. However, many opinions of the Supreme Court Justices (Kim Myung-soo, Lee Ki-taek, Kim Jae-hyeong, Ahn Chul-sang, Lee Dong-won, Noh Jeong-hee, Kim Sang-hwan, Noh Tae-ak, 8 people) said, “It is a mandatory regulation to quickly establish the legal relationship regarding parental leave benefits.” He judged that he must apply for payment of benefits within the application period stipulated in the relevant provisions.” It is intended that it is a desirable interpretation of the text of the law to understand that the provisions stating that you must “apply for” parental leave benefits within a certain period of time impose an obligation to adhere to a certain period of time. Justice Ahn Chul-sang added supplementary opinion, saying, “It is outside the scope of the judiciary’s authority just like the abolition of the law to declare the legal provisions that the legislature clearly imparts compulsory power to as discipline provisions. On the other hand, five Supreme Court Justices (Park Sang-ok, Park Jeong-hwa, Min Yoo-suk, Kim Seon-gu, Lee Heung-gu) said, “To remind the beneficiaries that the procedure will not proceed unless they apply for parental leave benefits, and to achieve the purpose of the system of supporting livelihoods during the period of parental leave 1 It was a procedural rule that urges applicants to apply within a period of two years.” He added, “If the provision is interpreted as the exclusion period, the period of exclusion of 12 months and the period of extinction of 3 years are applied overlapping. “There is a significant difference from public officials who are paid without parental leave allowance, and this leads to fundamental discrimination in guaranteeing rights.” By Jo Yoon-young, staff reporter