NATIONAL PENSION ACT [See entire ACT]

CHAPTER VII REQUESTS FOR EXAMINATION AND REQUESTS FOR REVIEW

Article 108 (Requests for Examination)

(1) A person who is dissatisfied with a disposition taken by the Service or Health Insurance Corporation on qualification for insured status, standard monthly income, contributions, and other dues and benefits under this Act may request the Service or Health Insurance Corporation that has rendered such disposition for an examination.
(2) The request for examination under paragraph (1) shall be made in writing (including electronic documents under subparagraph 7 of Article 2 of the Electronic Government Act) within 90 days from the date on which the person comes to know the disposition was taken, and shall not be made after elapse of 180 days from the date the disposition is rendered: Provided, That if it is proved that there is a justifiable reason making it impossible to request for an examination within such period, a request for examination may be made after such period elapses.
(3) In addition to matters specified in paragraphs (1) and (2), matters necessary to request an examination shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 88 (Examination Request Method)

(1) Requests for examination referred to in Article 108 of the Act shall be made with a document stating the following matters (including an electronic document defined in subparagraph 7 of Article 2 of the Electronic Government Act), which is signed and sealed (including an electronic signature) by an applicant:
1. Name, domicile and resident registration number (referring to an alien registration number in cases of foreigners; hereinafter the same shall apply) of the applicant;
2. Name, domicile and resident registration number of the person on whom a disposition is imposed by the Service;
3. Details of a disposition subject to the request of examination;
4. Date the applicant learns about the disposition;
5. Intent of and ground for requesting an examination;
6. Date of examination request;
7. Relationship with the person who is subject to a disposition if the applicant is not subject to the disposition;
8. List of accompanying documents.
(2) Where the applicant and the person subject to a disposition are not currently or formerly insureds, the name, domicile and resident registration number of the relevant currently or formerly insured shall be stated in the document.
(3) Where an agent of the applicant files a request for examination, a power of attorney verifying that he/she is the duly appointed agent thereof shall be attached.

Article 109 (National Pension Examination Committee)

(1) A National Pension Examination Committee (hereinafter referred to as the "Examination Committee") shall be established in the Service and a Collection Examination Committee shall be established in the Health Insurance Corporation to examine matters concerning the request for examination under Article 108.
(2) Necessary matters concerning the organization, operation, examination, etc. of the Examination Committee and Collection Examination Committee shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 89 (Organization of Examination Committee)

(1) The National Pension Examination Committee referred to in Article 109 (1) of the Act (hereinafter referred to as the "Examination Committee") shall be comprised of no more than 26 members, including one chairperson.
(2) The members shall be appointed or commissioned by the President of the Service from among the following persons:
1. Executive officers and employees of the Service at the section chief level or higher;
2. Persons recommended by employers' organizations;
3. Persons recommended by employees' organizations;
4. Persons recommended by organizations representing individually insured persons;
5. Any of the following persons of knowledge and experience in the field of law, medical care or social insurance:
(a) A person with at least five years’ work experience after acquiring qualifications as a lawyer or doctor;
(b) A person who worked as an assistant professor or in a higher position related to social insurance in a school defined in Article 2 of the Higher Education Act;
(c) A person with at least five years’ work experience in a field related to social insurance after acquiring a doctorate;
(d) A person with at least ten years’ work experience in a field related to social insurance.

Enforcement Ordinance

Article 102-2 (Organization, Operation and Examination of the Collection Examination Committee)

(1) The Collection Examination committee referred to in Article 109 (1) (hereinafter referred to as "Collection Examination Committee") shall consist of 25 committee members, including one chairperson.
(2) The President of the Health Insurance Corporation shall appoint the chairperson of the Collection Examination Committee from among standing executive directors of the Health Insurance Corporation; the President of the Health Insurance Corporation shall appoint or commission committee members from among the following persons:
1. One employee of the Health Insurance Corporation;
2. Eight persons, including four persons recommended by employers’ organizations and workers’ organizations, respectively;
3. Eight persons, including two persons recommended by non-governmental organizations, consumer organizations, farmers and fishermen’s organizations, and organizations representing locally insured persons, respectively;
4. Seven persons, including attorneys and persons of abundant knowledge and experience in social insurance and medical fields.
(3) The term of office of committee members commissioned under paragraph (2) shall be three years.
(4) Article 55 of the Enforcement Decree of the National Health Insurance Act shall apply mutatis mutandis to the operation of the Collection Examination Committee. In such cases, "Objection Committee" shall be construed as "Collection Examination Committee".
(5) Articles 95 through 101 shall apply mutatis mutandis to review by the Collection Review Committee. In such cases, "Examination Committee" shall be construed as "Collection Examination Committee", and "Service" as "Health Insurance Corporation."
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the organization, management and examination of the Collection shall be prescribed by the regulations of the Health Insurance Corporation, following the resolution by the Collection Examination Committee.
[This Article Newly Inserted by Presidential Decree No. No. 22347, Aug. 17, 2010]

Article 110 (Requests for Appeal)

(1) Any person dissatisfied with a decision on a request for examination under Article 108 may appeal the decision with the National Pension Review Committee to re-examine matters within 90 days from the date of receiving notice of such decision, in a written request for re-examination stating matters prescribed by Presidential Decree.
(2) Methods, procedures, etc. for requesting appeal under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.

Enforcement Ordinance

Article 103 (Methods of Request for Re-Examination)

Where a person dissatisfied with a decision on the request for examination under Article 110 of the Act makes a request for re-examination, the following matters shall be entered in addition to applying the matters mutatis mutandis which should be included under Article 28 (2) of the Administrative Appeals Act:
1. If the applicant of the request for re-examination is not the person to whom a disposition is given, name, domicile and resident registration number of the person issued with a decision by the Service;
2. If the applicant of the request for re-examination and the person to whom a disposition is given is not a currently or formerly insured person, name, domicile and resident registration number of the relevant currently or formerly insured person.

Article 111 (National Pension Review Committee)

(1) The National Pension Review Committee shall be established in the Ministry of Health and Welfare to examine matters concerning the request for review under Article 110 (hereinafter referred to as the "Review Committee").
(2) Necessary matters concerning the organization, operation, review, etc. of the Review Committee shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 104 (Organization of Review Committee)

(1) The National Pension Review Committee under Article 111 (1) of the Act (hereinafter referred to as the "Review Committee") shall be comprised of not more than 20 members, including one chairperson.
(2) The members shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons:
1. Public officials of Grade III or IV belonging to the Ministry of Health and Welfare or public officials in general service belonging to the Senior Civil Service;
2. Persons qualified as a judge, prosecutor or lawyer;
3. Persons working as an associate professor or in a higher level in colleges and universities determined under Article 2 of the Higher Education Act;
4. Persons recognized as eligible by the Minister of Health from among persons having substantial knowledge of and experience in social insurance or medical care.

Enforcement Ordinance

Article 105 (Chairperson of Review Committee)

(1) The Pension Policy Officer of the Ministry of Health and Welfare shall serve as the chairperson of the Review Committee.
(2) If the chairperson has a special circumstance that prevents him/her from performing his/her duties, a member designated by the chairperson shall act for him/her.

Enforcement Ordinance

Enforcement Ordinance

Article 106 (Meetings of Review Committee)

(1) The meetings of the Review Committee shall consist of the chairperson and six members of the Review Committee designated by the chairperson for each meeting.
(2) The chairperson of the Review Committee shall call and preside over the meetings of the Review Committee.
(3) The meetings of the Review Committee shall be convened with the presence of a majority of registered members and the resolution thereof shall require the concurrent vote of a majority of the members present.

Enforcement Ordinance

Article 107 (Secretary)

(1) The Review Committee shall have a secretary.
(2) The secretary shall be appointed by the Minister of Health and Welfare from among the public officials of the Ministry of Health and Welfare.
(3) The secretary shall handle the affairs of the Review Committee by order of the chairperson.

Enforcement Ordinance

Article 108 (Allowances)

Allowances may be paid to the members present at the meetings of the Review Committee within the budgetary limit: Provided, That it shall not apply to the case where a member who is a public official is present in direct connection with his/her duties.

Enforcement Ordinance

Article 109 (Term of Office of Members of Review Committee)

The provisions of Article 91 shall apply mutatis mutandis with respect to the term of office of the members of the Review Committee. In such cases, "Examination Committee" shall be construed as "Review Committee," and "officers and employees of the Service" as "public officials."

Article 112 (Relation with Administrative Appeals)

(1) The provisions of the Administrative Appeals Act shall apply mutatis mutandis to the review and decision procedures of the Review Committee.
(2) The review by the Review Committee of matters for which a request for review is made under Article 110 shall be regarded as an administrative appeal under the Administrative Appeals Act in the application of Article 18 of the Administrative Litigation Act.

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