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TITLE Supreme Court Decision 2015Du51651 Decided August 23, 2017【Revocation of Disposition of Limitation of Childcare Leave Benefit Payments, Return of Benefit Payments, and Additional Collection】* First draft [full Text]
Summary
[1] Whether “for working parents granted childcare leave to nurture their children” should be a precondition for the payment of childcare leave benefits under the former Employment Insurance Act (affirmative in principle), and in such case, the meaning of “nurturing”
In cases where a working parent on childcare leave resides abroad while that parent’s child continues to live in Korea, the criteria for determining whether such case falls under “a child raised by a working parent granted childcare leave”
[2] Meaning of “fraudulent or any other unlawful means,” a requirement for the limitation of payment of childcare leave benefits, order to return benefit payments, and additional collection as prescribed under Articles 62(1), 73(3), and 74(1) of the former Employment Insurance Act, and whether such requirement should be rigidly construed and applied when determining whether childcare leave benefits fall under an illegal receipt (affirmative)
Requirement to deem “childcare leave benefits were received through either fraudulent or any other unlawful means”
In cases where a working parent on childcare leave filled out the childcare leave benefit application form completely and truthfully and submitted all the required documents, whether the childcare leave benefits received can be readily deemed to fall under an illegal receipt based on a passive act (e.g., concealment) solely on the basis that the working parent did not substantively meet the eligibility requirement for receipt of childcare leave benefits (negative)
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