실업급여 지급제한, 반환명령 및 추가징수
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff sought revocation of the decision of restricting payment of unemployment benefits, ordering return of unemployment benefits, and additional collection at the first instance court. The first instance court accepted the claim for revocation of the decision of additional collection, and dismissed all remaining claims.
Since only the defendant filed an appeal against the part against which the defendant lost, the scope of the judgment of this court is limited to the claim for revocation of the decision of additional collection.
2. The reasoning of the judgment of the court of first instance citing the instant case is the same as the reasoning of the judgment of the court of first instance, except for the following additional determination as to the part used by the court of first instance and the part claimed by the defendant, which is emphasized by the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article
(1) In addition, the first instance court’s determination that rejected the Defendant’s assertion is justifiable even if the Defendant’s assertion was examined as to all the evidence submitted in the first instance trial, rather than significantly different from the content alleged in the first instance trial. [The part to be dismissed] If the first instance court’s three pages of the first instance judgment, “not later than additional collection by 10%” is deemed to be “not later than additional collection by 10%.”
According to Articles 40(1), 42, and 43(1) of the Employment Insurance Act of the fifth 14th 5th 14th 14th 201, “The Employment Insurance Act” is “Article 40(1) and Article 42 of the Employment Insurance Act and Article 43(1) of the former Employment Insurance Act (amended by Act No. 16269, Jan. 15, 2019; hereinafter the same).”
On the 6th of the first instance judgment, the 17th of the 17th judgment (Article 49) is regarded as “(Article 49 of the former Employment Insurance Act)”.
On June 6th of the first instance judgment, the “Employment Insurance Act” of the 18th Employment Insurance Act is deemed to be the former Employment Insurance Act, and the “Enforcement Decree of the Employment Insurance Act” shall be deemed to be the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 29913, Jun. 25, 2019).
【Supplementary Decision】
A. The Plaintiff’s summary of the Defendant’s assertion is additionally collected.