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(영문) 서울서부지방법원 2018.11.22 2018나35572

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization comprised of them engaged in the utilization business (hereinafter “Plaintiff corporation”). From around 1999 to February 24, 2014, Defendant C served as the president in the Plaintiff corporation and the Secretary General in the Defendant B, respectively.

B. On June 1, 2005, from June 14, 2013 to June 14, 2013, D served as the head of the general affairs division and the head of the business division in the Plaintiff’s corporation (the head of the general affairs division shall be promoted to the head of the general affairs division in the wife), retired from office, and reinstated on several occasions, and filed an application for unemployment benefits on February 10, 2009, February 10, 201, and August 18, 2013, and received unemployment benefits as a beneficiary for a certain period of time.

C. On January 27, 2014, Defendant B received unemployment benefits from the Plaintiff’s corporation to retire from office on four occasions in 2005, 2009, 201, and 2013, and received unemployment benefits without reporting the provision of labor due to reemployment during the benefit period.

“.........”

On October 22, 2014, the High Local Employment and Labor Agency of the Central and Middle-gu Office recognized the eligibility for unemployment benefits throughout the period of voluntary dismissal from office due to justifiable grounds. However, on February 10, 2009, the Employment and Labor Agency of the Central and Middle-gu recognized the eligibility for unemployment benefits that continued to receive unemployment benefits without reporting the fact that the Plaintiff was employed again to provide labor to the Plaintiff corporation after the application for unemployment benefits during the period of receiving unemployment benefits under the application by the applicant on February 10, 2009. In addition, at the time of the application for unemployment benefits more than three occasions, the Plaintiff corporation of the place of business made a false report on the reason of actual loss to the “voluntary dismissal from office” while it made a false report on the reason of actual

E. On October 29, 2014, the Youngyang District Employment and Labor Office notified D of the decision to restrict the payment of unemployment benefits, order to return, and additional collection of the amount of KRW 11,035,950 (i.e., the amount additionally collected at KRW 6,81,470, which was illegally received (i.e., the amount additionally collected at KRW 4,086,860).