beta
(영문) 서울고등법원 2015.04.30 2014누49202

고용보험피보험자자격취득처분취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the partial completion or addition as follows. As such, Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are cited.

under paragraph 6 below the first page "A, A, 11, and 12 (including various numbers of evidence A 11)" shall be written with "A, A, 11, 12, 14, 17, 19 (including various numbers of evidence A 11 and 19)".

B. Following the 7th page “No evidence exists,” and “On the other hand, according to the evidence submitted by the Plaintiff as to the fact that the Plaintiff received benefits from C, it is recognized that C has transferred money to the Plaintiff several times from October 30, 2008 to August 2, 2011, but the amount is not specified between KRW 30,000 and KRW 2,000,000, and the time of transfer is not specified in the Rules. (In particular, there is no remittance from February 2010 to April 2010 during the period when the Plaintiff worked at the law office of this case). In view of the fact that the Plaintiff was transferred KRW 70,00,000 from the monthly wage claimed by the Plaintiff to June 21, 2011, it seems that the Plaintiff received additional money from C under the pretext of the witness’s belief that the Plaintiff received benefits from C was not deemed to have received money under the pretext of the Plaintiff’s testimony.”

(c) to delete the 7rd part of “the installation and installation of telephones” in 9.

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.