Input 2021.03.18 15:09
On the 18th, the Supreme Court’s all consensus rejected the court ruling in the court below, citing a claim made by Mr. A against the Seoul Regional Employment and Labor Office, saying, “Please cancel the disposition of non-payment of maternity leave benefits and parental leave benefits.” .
Mr. A gave birth to a child on October 21, 2014. Mr. A was given a leave before and after childbirth from October 1, 2014 to December 29, 2014. Following this, parental leave was used from December 30, 2014 to December 29, 2015.
After that, Mr. A applied for parental leave benefits on February 24, 2017, and maternity leave benefits on March 3, 2017, respectively.
However, on March 8, 2017, the Seoul Regional Employment and Labor Administration said to Mr. A on March 8, 2017, “I applied for payment of benefits after 12 months from the end of maternity leave and parental leave.” “I informed him.
Accordingly, Mr. A filed a request to the Seoul Administrative Court to cancel the disposition of non-payment of pre- and post-natal leave and parental leave benefits.
The first trial court rejected Mr. A’s request. According to the Employment Insurance Act, maternity leave and parental leave benefits are stipulated as a procedural requirement to apply within the application period.
The first trial court said, “In consideration of the specificity of social security benefits, it is intended to secure financial stability of the Employment Insurance Fund by guaranteeing the right to apply for benefits for a reasonable period of 12 months from each end date of maternity leave and parental leave, while limiting the application period. There is,” explained.
In addition, “Based on the above legal principles, the plaintiff applied for benefits at the time of 12 months after the end of maternity leave and parental leave, so it is legal that the defendant took each disposition in this case because of the expiration of the application period. “No.”
On the other hand, the second trial broke the ruling of the first trial and canceled the disposition of non-payment of prenatal leave and parental leave benefits as requested by Mr. A. This is because the content that’apply for pre- and post-natal leave and parental leave benefits within the application period’ was viewed as a disciplinary rule, not a compulsory rule.
The 2nd Tribunal Division said, “The’application period’ in Article 70 (2) of the Employment Insurance Act cannot be regarded as a period of exclusion from the exercise of benefits for pre- and postpartum leave and parental leave benefits, and’application within the application period’ is also enforced regulations or procedures related to benefits rights It is reasonable to see this as an instructional rule, not to be seen as an enemy requirement,” he said.
In addition, “‘Application’ is a procedure for receiving parental leave benefits and is the reason for the cessation of the extinctive prescription, reminding that the procedure will not proceed unless an application is made, and early application to achieve the purpose of the system of support for livelihoods during the parental leave period. It is reasonable to interpret it as a procedural regulation of the meaning that it is urged.”
The second trial court also said, “Therefore, it is clear that the plaintiff has applied for parental leave benefits within three years of the extinctive prescription after the end of parental leave, and the defendant still has the right to receive parental leave benefits. The defendant who disapproved the plaintiff’s application for reasons and other premises is illegal in this case.”
However, the entire consensus of the Supreme Court issued a majority opinion (8 people) that the content of “application within the application period” for pre and postpartum leave and parental leave benefits was a “mandatory rule” and abolished the court ruling.
The Supreme Court said, “The provisions in this case are compulsory regulations to promptly establish the legal relationship with parental leave benefits,” and “In order for workers to receive parental leave benefits, wages are paid to the head of the competent vocational security agency within the application period specified in the provisions of this case. “You have to apply for it,” he ruled.
Regarding this ruling, an official at the Supreme Court said, “This ruling states that in order to receive parental leave benefits, you must apply within 12 months after the end of parental leave, and that the disposition of the administrative agency that refused to apply for parental leave benefits that has passed this period is not illegal. He said, “It is a precedent that clears the confusion of administrative affairs related to the exercise period of the right to claim parental leave benefits.”