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(영문) 대구고등법원 2018.1.12. 선고 2017누6458 판결

실업급여지급제한,반환처분및추가징수결정취소

Cases

2017Nu6458 Revocation of a decision to restrict the payment of unemployment benefits, to return unemployment benefits, and to additionally collect them.

Plaintiff Appellant

A

Defendant Elives

Head of Daegu Regional Employment and Labor Office Daegu District Office

The first instance judgment

Daegu District Court Decision 2017Guhap20455 Decided July 21, 2017

Conclusion of Pleadings

December 15, 2017

Imposition of Judgment

January 12, 2018

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance is revoked. On November 22, 2016, the Defendant revoked a decision to collect the amount of unfair payment for the current year against the Plaintiff (decision to restrict unemployment benefits, return benefits, and additionally collect additional collection).

Reasons

1. Quotation of the first instance judgment

The reasoning of the judgment of the court on this case is as follows: "The court rendered a verdict of innocence No. 5 of the first instance judgment No. 13" and "the prosecutor appealed against the above judgment; however, the appellate court (Seoul District Court 2017No3246) rendered a judgment dismissing the prosecutor's appeal on November 10, 2017. The judgment added "the final judgment became final and conclusive at that time." Thus, it is identical to the part on the reasoning of the first instance judgment in addition to adding "the final and conclusive judgment at that time." Thus, it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges

The presiding judge and judge system;

Judges Kim Tae-tae

Judge Gyeong-man