피보험자격 확인 청구처분취소
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 9, 1986, the Plaintiff joined Company B (hereinafter “instant company”) as an employee, and was appointed as an inside director on November 1, 2001, and retired on November 7, 201.
B. On November 13, 2019, the instant company reported the Plaintiff’s loss of the insured status to the head of the Defendant’s Seoul Regional Headquarters, and reported the reason for the loss of the insured status to “the expiration of an officer contract.”
(c)
On December 3, 2019, the Plaintiff requested the Defendant’s Seoul Regional Headquarters to correct the grounds for the Plaintiff’s loss of insured status as “non-voluntary retirement” and filed a claim seeking confirmation of the insured status of employment insurance (hereinafter “instant claim”).
(d)
On December 13, 2019, the instant company submitted to the Defendant’s Seoul Regional Headquarters a report stating that the Plaintiff’s reason for the loss of insured status was “the Plaintiff’s voluntary will would have sought early termination at the time of termination of an officer contract” (hereinafter “instant report”).
E. On January 6, 2020, the Defendant did not accept the instant claim for the following reasons. According to the instant report, the Defendant issued a disposition to correct the Plaintiff’s reason for the loss of insured status to “voluntary withdrawal due to an individual circumstance” (hereinafter “instant disposition”).
The claimant submits a written claim for confirmation as to the reason for loss of employment insurance, and asserts that the reason for loss of employment insurance is "non-voluntary retirement", but it cannot be objectively confirmed that the first intent for termination of employment relationship exists with the business owner, and that it is difficult to find the reason for the claimant's loss of insured status as "non-voluntary retirement" due to the claimant's absence of clear evidence of the employer's intent to terminate the employment contract against the claimant's intent. [The claimant submits an application for correction of the details of insured status due to errors in the initial report (32. 11. ended of the contract)].