What does a person who obtained benefits by deception keep if they report the improper receipt before the investigation begins?
General information · Not legal advice
Material to check
The practice file holds the date the person first reported the improper receipt, the date the investigation is recorded as having begun, the papers showing what insurance benefits, treatment expenses or pharmaceutical expenses were received and by what means, and any record of joint liability under paragraph two.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states that where a person who obtained insurance benefits, treatment expenses or pharmaceutical expenses by deception or other improper means reports the fact voluntarily before the investigation of that improper receipt begins, the Korea Workers' Compensation and Welfare Service may exempt from collection the portion exceeding the amount corresponding to those benefits, expenses or pharmaceutical expenses, and this reaches a person held jointly liable under paragraph two.
Another reading notes that the exemption rests on the Service's power, since the provision says it 'may' exempt, and that it forgives only the portion exceeding the amount corresponding to what was received, so the amount of the benefits, treatment expenses or pharmaceutical expenses themselves is not covered by the exemption and remains subject to collection.
Your judgment
How could the file show whether the report came before the investigation began, if the report and the start of the investigation are recorded in separate documents?
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 may report voluntarily or the point from which the exemption is refused, or if a court decision interprets when an investigation of improper receipt is treated as having begun.