고용보험 피보험자격 확인 재결 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person who was engaged in taxi driving in B Co., Ltd. (hereinafter “instant company”).
B. On December 12, 2017, the instant company reported the Plaintiff’s loss of insured status to the Seoul Labor Welfare Deputy Governor, Seoul Labor Welfare Corporation, on October 15, 2017, with the grounds for the loss of insured status as “the dismissal of disciplinary action due to a worker’s causes attributable to the employer” and the detailed grounds for the loss of insured status as “unauthorized absence.”
C. On January 9, 2018, the Plaintiff filed a claim with the head of the Seoul Southern District Office for the confirmation of the insured status of employment insurance with the purport that the Plaintiff changed the grounds for the Plaintiff’s loss of insured status from “the disciplinary dismissal due to the causes attributable to workers” to “justifiable causes attributable to the causes attributable to workers”. D.
On February 19, 2018, the head of the Seoul Regional Employment and Labor Agency requested the plaintiff to correct the reason for loss (the fact that the plaintiff was absent from work due to the absence of his or her relative care) but requested in writing his or her return to work due to the absence of his or her worker's absence from work at the workplace, but it is confirmed that he or she was punished in accordance with the internal rules because he or she did not work at work. However, the reason for loss is determined to have no reason to correct the reason for loss required by the worker, and the reason for loss is determined to maintain the reported contents (the disciplinary dismissal due to the cause attributable to the worker's absence on 26.).
E. On June 5, 2018, the Plaintiff dissatisfied with the instant disposition, filed a request for review with an employment insurance examiner on June 5, 2018, but was dismissed on August 31, 2018. On November 30, 2018, the Employment Insurance Review Committee filed a request for reexamination, but was dismissed on January 23, 2019.
F. Meanwhile, Article 90(1) of the Employment Insurance Act amended by Act No. 16269, Jan. 15, 2019; Article 16269 of the Addenda Act.