Supreme Court Chief Kim Myung-soo (center) is attending the sentence of a consensus held at the Supreme Court in Seocho-gu, Seoul on the afternoon of the 18th. Newsis
In order to receive parental leave benefits, the Supreme Court’s decision was made that the legal deadline’within 12 months from the end of the parental leave period’ must be applied to the competent authority. In the meantime, the interpretation of the provisions was mixed within the court as to whether it was a’mandatory regulation’ that must be followed or a’disciplinary regulation’ that is not obligated to follow, but the Supreme Court first established the standard of mandatory regulation.
On the 18th, the Supreme Court alliance body (Chief Judge Min Yoo-sook) sent the case to the Seoul High Court on the 18th in an appeal against the head of the Seoul Employment and Labor Administration, Seoul Gangnam District.
Office worker A, after taking parental leave for one year from December 2014, applied for a parental leave benefit payment in December 2017. One year and two months have passed since the end of the leave period. However, the Seoul Employment and Labor Administration refused to pay wages under Article 70 of the Employment Insurance Act, stating that “a person who intends to receive parental leave benefits must apply from one month after the start of parental leave to 12 months after the end of parental leave”. . Mr. A objected to this and filed an administrative lawsuit.
The judgments of the first and second referees were mixed. The first trial interpreted Article 70 (2) of the Employment Insurance Act, which limited the application period for parental leave benefits, as a mandatory regulation. The court ruled against the plaintiff, saying, “It guarantees the right to apply for benefits for a reasonable period of 12 months, while limiting the application period to secure the financial stability of the Employment Insurance Fund.”
On the other hand, the second trial saw the provision as a’discipline regulation’ and raised Mr. A’s hand. The appeals court explained, “Parental leave benefit is a reminder that the payment process will not proceed unless the person applies for it, and it means urging early application to achieve the purpose of the system of’support for livelihood during the period of leave’.”
However, the Supreme Court all consensus thought that the interpretation of the first trial was correct. In a majority opinion (8 persons), the Supreme Court said, “The restriction on the period of application for parental leave benefits is a mandatory rule to quickly establish the legal relationship with respect to parental leave benefits. . He added, “The stipulation that you must apply for parental leave benefits within a certain period of time imposes an obligation to comply with the period to those who wish to receive the benefits.”
However, the five Supreme Court Justices expressed their objections that it was a’discipline regulation’. Park Sang-ok, Park Jeong-hwa, Min Yoo-sook, Kim player and Supreme Court Justice Lee Heung-gu said, “In a society with low birth rate and super-aged age, we must actively interpret the law so that all recipients of parental leave benefit can benefit.”
Hyunjoo Lee reporter [email protected]
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