실업급여수급자격취소처분취소
2011Nu18955 Revocation of Disposition revoking Entitlement for Unemployment Benefits
A
The head of the Seoul Regional Employment and Labor Office Seoul Western Site
Seoul Administrative Court Decision 2011Guhap1344 decided May 19, 201
October 19, 2011
November 30, 2011
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The judgment of the first instance shall be revoked. The defendant revoked the non-approval of eligibility for employment insurance against the plaintiff on July 8, 2010.
The reason for the judgment of the first instance is reasonable, and therefore, it is cited as the reason for this judgment in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil
The plaintiff asserts that, in the appellate trial, the place of business he/she had worked is recognized to have retired from employment even for other ordinary workers due to poor working conditions, etc., so that the eligibility for employment insurance is not limited due to justifiable grounds for his/her severance.
However, as stated in the reasoning of the judgment of the court of first instance cited earlier, the Plaintiff’s severance from employment is deemed to be one’s own personal situation, and it cannot be objectively acknowledged that there was a normal severance from employment in light of the circumstances of the workplace, etc., and no other evidence exists to deem otherwise.
Therefore, the plaintiff's appeal is dismissed for lack of merit.
Constitution of the presiding judge, senior judge
Judges Noh Jeong-il
Judges Jeong Jae-ok