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(영문) 창원지방법원 2019.02.20 2018구합478

사업장자격상실처분취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 27, 2017, the Plaintiff, a fire-fighting system manager B, filed a claim for the loss of insured status on the ground that the Plaintiff did not report the loss of insured status in the employment insurance even though the Plaintiff’s place of business was separated from another place of

B. Accordingly, on April 26, 2017, after investigating the facts, the Defendant notified the Plaintiff of the loss of insured status B on April 26, 2017, based on Article 17 of the Employment Insurance Act, that the date of loss of insured status B would be April 26, 2017; and that the Defendant would ex officio lose insured status on the ground of resignation based on personal circumstances.

(hereinafter “instant disposition”). C.

On July 25, 2017, the Plaintiff filed a petition for review seeking revocation of the instant disposition with an employment insurance examiner, but the employment insurance examiner dismissed the petition for review on September 7, 2017.

On December 7, 2017, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee. However, on January 24, 2018, the Employment Insurance Review Committee rendered an adjudication dismissing the Plaintiff’s request for reexamination (hereinafter “first adjudication”), and the said written adjudication was served on the Plaintiff on February 21, 2018.

E. On February 7, 2018, the Plaintiff filed a petition for reexamination seeking revocation of the instant disposition with the Employment Insurance Review Committee. However, on March 7, 2018, the Employment Insurance Review Committee rendered an adjudication dismissing the Plaintiff’s petition for reexamination (hereinafter “second adjudication”), and the said written adjudication was served on the Plaintiff on March 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 to 5, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. We examine whether this part of the lawsuit is legitimate ex officio with respect to the revocation of the claim against “B’s rejection decision regarding an application for cancellation of qualification of place of business.”

The purpose of the claim in administrative litigation is to clearly identify the contents and scope of the claim.