Where the Minister is about to pay a worker an advance payment, what must the employer's ordered asset list show, and by when must it reach the Minister?
General information · Not legal advice
Material to check
In the practice file we would read the worker's advance payment application, which shows the payment the order is tied to, the order itself directing the employer to submit an asset list, the list as delivered, any record of the date it reached the Minister, and any paper asserting a special reason for delay.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the order as the Minister's power, not a duty: where the Minister is about to pay a worker an advance payment under the relevant provisions of the Wage Claim Security Act, the Minister may order the employer to submit an asset list, and the employer, once ordered, must submit a list showing its property relations in concrete detail within the period the provision sets unless a special reason stands in the way.
Another reading stresses what the text leaves open: the order is to be made as prescribed by a Presidential Decree, but the provision does not state what that Decree requires, and it likewise sets no definition of the 'special reason' that would excuse late submission, so both the way the order is made and the meaning of that excuse sit outside this provision's own words.
Your judgment
If the list arrives after the period has run, what in the file would show whether a special reason excuses the delay?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the period, the exception for a special reason, or the content standard, or if a decision explains what counts as a special reason for late submission.