Claim Procedure and Judging Criteria

Counseling
Methods

+82·2·1670·2545 +82·2·6210·0080 09:00 ~ 18:00
Counseling Methods FAQ
  • 홈>
  • Payment for damages>
  • Introduction>
  • Claim Procedure and Judging Criteria
  • 화면 인쇄
    • 페이스북
    • 트위터
    • 공유하기

Claim Procedure and Judging Criteria

01. Billing for advances for damages

If you have not received any compensation after the due date, you can submit the following documents together with your claim for advances for damages.

Required documents
Required documents
  • Mediation report, mediation decision, arbitration decision or original decision
  • A certificate certifying the establishment of the arbitration and judgment of the court
  • A copy of the bankbook of the name of the defendant specified in the court's Schuldtitel
  • Confirmation of advances for damages for damages
  • Documents proving that the applicant has requested payment for damages
※ You must file a claim for damages by way of providing proof, etc.

02. Claim review

Within 30 days after receipt of the bill for advances for damages, the jury will make the payment ruling based on the judging criteria.

Judging Criteria
Judging Criteria
  • Qualification for claims for advances for damages
  • Scope of claims for advances for damages
  • Claimant's receipt of duplicate payments for damages
  • Immediate payment of compensation for damages
  • Prioritization of the claim for damages
  • Reasons for dismissal of claims, including good-faith status (whether claims were made by unlawful means) of a claim for advances for damages
Reasons for dismissal of claims
  • If the applicant requested to submit the materials has not submitted it
  • Impropriety of other billing claims for advances for damages

03. Notice of judgment results

The judging committee will notify the applicant of the results within 7 days after the completion of the ruling.

 
Notifying the defendant
  • When a claim for damages is filed, the defendant is notified of the receipt of the claim.
  • Confirmation of whether the damages claim is unpaid or whether it is possible to repay the debt immediately before the judgment of the claim for advances for damages

04. Payment of claim for advances for damages

We will deposit the compensation to the applicant's account within 14 days of the date of payment decided by the judging committee.

  • If the applicant has objected to the judgment ruling, or if it is necessary to recharge the compensation resources due to the insufficient amount resources, the payment of the compensation may be delayed.
  • If the receiver of the amount paid is not the claimant in the claim for damages, or if the payment was received through any other unfair method, the amount paid to the claimant shall be immediately confiscated from the claimant.

05. Repayment for compensations

If the Medical Disputes Mediation and Arbitration Agency pays the claimant compensation, the defendant will be required to pay the full amount of the dispute to the Medical Disputes Mediation and Arbitration Agency within 15 days. In principle, the repayment for compensations is a one-time payment. However, in consideration of the economic situation of the defendant, the payment can be made in installments within a maximum period of 24 months. After the installment payment deadline, the defendant will be charged an additional amount (5% per year) applied for the statutory interest rate as well as litigation and other procedural expenses related to the application of the rights to claim. .

 
Partial repayment method
  • Considering the economic situation of the defendant, the payments can be made in installments for the first 12 months (up to one year). If the repayment amount is over 50 million won, it can be paid in installments over 24 months