Once an advance-payment fund or loan has already been received, when must the Minister of Employment and Labor recover it, and how much does the recovery reach?
General information · Not legal advice
Material to check
In practice material of this kind, we read the record showing that the advance-payment fund or loan was already received and when, the papers said to be false or improper, and any record showing the amount was wrongly paid, since each of these facts decides whether the recovery duty applies.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out the duty as the provision writes it: where a person has already received an advance-payment fund or loan under the relevant provisions and either listed case applies, the Minister of Employment and Labor must recover all or part of it, by the method the Presidential Decree provides.
Another reading notes what the provision fixes itself rather than delegating: the grounds are the two listed cases, and the amount is all or part of what was received, so only the manner of recovery is left to the Presidential Decree; the second listed case reaches a wrongly paid amount without any falsehood or other improper means.
Your judgment
Where only part of an advance-payment fund was wrongly paid, what in the file could show which part the recovery reaches and which method applies to it?
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 listed cases or the amount the recovery reaches, if the Presidential Decree sets a new method of recovery, or if a decision explains what counts as wrongly paid.