고용보험가입이력삭제처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 25, 2013, the Plaintiff filed an application for recognition of eligibility for unemployment benefits with the Commissioner of the Busan Regional Employment and Labor Office on the ground that “from April 1990 to June 201, the Korea Container Terminal Corporation located in Mineyang-si, and from July 201 to October 2013, the Plaintiff was retired from employment at C Co., Ltd. located in Mineyang-si B (hereinafter “C”) and the period of employment was terminated.” On November 6, 2013, the Administrator of the Busan Regional Employment and Labor Administration recognized the eligibility for unemployment benefits with respect to the Plaintiff.
B. On November 19, 2013, the head of Busan Regional Employment Agency requested the Defendant to verify the insured status (employee status) of the Plaintiff, and the Defendant, as a result of the review, determined that the Plaintiff’s joint investment with D as a registered director C, a representative director of C, and joint participation in D and the company’s management by exercising representative rights and duties, etc., and that the Plaintiff did not constitute an employee recognized the insured status (hereinafter “instant disposition”). On December 6, 2013, the head of Busan Regional Employment Agency issued a disposition to delete the records of the Plaintiff’s loss of insured status (e.g., acquisition on August 19, 201, loss on October 15, 2013) (hereinafter “instant disposition”).
C. The Plaintiff, dissatisfied with the instant disposition, filed a request for review with an employment insurance examiner, but dismissed on March 27, 2014, and accordingly, filed a request for review with the Employment Insurance Review Committee, but was dismissed on January 27, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff's assertion and relevant Acts and subordinate statutes;
A. The plaintiff's assertion that he was entitled to a certain amount of monthly wages during the period of service in C, and was regularly engaged in the company's business under the direction and supervision of D, the representative director.
Therefore, the insured status under the Employment Insurance Act is recognized as an employee under the Labor Standards Act.