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(영문) 서울행정법원 2019.09.24 2018구단74917

과징금부과처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around March 10, 2015, the Plaintiff retired from office in the Dispute Resolution Co., Ltd., and on April 21, 2015, upon applying for recognition of eligibility for employment insurance benefits to the Defendant, the Plaintiff recognized eligibility of KRW 210 days for the fixed payment days, daily amount of job-seeking benefits 43,000, and the Plaintiff received KRW 3,354,000 for job-seeking benefits from April 28, 2015 to July 14, 2015 as follows, and received KRW 3,354,00 for job-seeking benefits after re-employment in the Dispute Resolution Co., Ltd. on July 15, 2015, and received KRW 2,838,000 for early re-employment benefits from May 2017.

An application date (date for the recognition of unemployment) Nos. 1 and 1st of May 12, 2015 on April 28, 2015; - 645,000 on May 12, 2015; and 2nd of May 2, 2015 on May 2, 2015: 903,00th of June 2, 2015; 200th of June 30, 2015; 30 June 30, 2015; 1,204,00th of June 30, 2015; 200th of July 1, 2015; 200th of July 28, 2015;

B. On June 2, 2015, the second unemployment recognition date, the second unemployment recognition date, the Defendant confirmed that the Plaintiff’s spouse had been paid job-seeking benefits on behalf of the Plaintiff on June 30, 2015 by applying for the recognition of unemployment on behalf of the Plaintiff (hereinafter “instant application”). On May 2, 2018, the Defendant ordered the Plaintiff to return KRW 5,547,000 for job-seeking benefits and early re-employment allowances paid upon the instant application and its subsequent application, and ordered the Plaintiff to additionally collect KRW 1,204,00 equivalent to the amount of job-seeking benefits arising from the third unemployment recognition.

C. The Plaintiff filed the instant lawsuit via a request for review against an employment insurance examiner and a request for review against the Employment Insurance Review Committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, Eul evidence Nos. 5, 6, 9, 12, and 13 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was made while staying in China, and actually engaged in job-seeking activities.