What body deliberates a review application under the occupational injury compensation insurance scheme, and how must it be composed and run?
General information · Not legal advice
Material to check
In a practice file we read the review application and the fund's decision it challenges, so we can see the matter placed before the committee. We also look for the list of members who heard the application, to see whether they are shown as relevant experts and others connected with such matters.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the first paragraph as placing the review committee inside the fund: the fund has this committee, made up of relevant experts and others, for deliberating review applications filed under the provision that precedes this one, so the provision answers who deliberates such an application.
Another reading notes the limits the provision leaves open. It calls the members 'experts and others' without naming the fields or how many there are, and it leaves the committee's composition and operation to a Presidential Decree, so the provision by itself cannot show whether the members who heard a particular application were properly constituted.
Your judgment
What in the file could show that the members who heard the application were experts relevant to the matter and that the committee was formed as the Presidential Decree requires?
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 who sits on the committee or what it may deliberate, or if the Presidential Decree now in force sets out the composition and an issue arises over whether a committee was formed in line with it.