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(영문) 서울행정법원 2015.04.03 2014구합14808

조기재취업수당부지급결정처분취소

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1. The Defendant’s disposition of early re-employment allowance paid to the Plaintiff on September 9, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On November 14, 2012, the Plaintiff, who was employed for Agjin Transport Co., Ltd. on January 3, 2007, was on November 22, 2012, upon applying for recognition of eligibility for employment insurance against the Defendant on November 22, 2012, the Plaintiff recognized eligibility for benefits of KRW 240,000 for the fixed benefit payment days and KRW 40,000 for the daily benefit amount. From November 29, 2012 to February 4, 2013, the Plaintiff received four instances of unemployment recognition and received KRW 2,720,000 for 68 days in total.

B. On January 31, 2013, at the time of filing an application for recognition of unemployment, the Plaintiff submitted a self-business activity plan (type of business: an individual taxi) to the Defendant and reported the scheduled commencement date on February 13, 2013, and the same year.

2.7. At the 4th application for recognition of unemployment, the applicant submitted a business registration certificate for the above individual taxi business (as of February 5, 2013) to the Defendant.

C. On August 13, 2013, the Plaintiff filed a claim for early re-employment allowance with the Defendant on August 13, 2013, but the Defendant rendered a claim for early re-employment allowance as of September 9, 2013 on the ground that the business was commenced without having received the recognition of unemployment as a preparatory activity for self-employment (hereinafter “instant disposition”).

Accordingly, on October 25, 2013, the Plaintiff filed a request for review with an employment insurance examiner to revoke the instant disposition, but was dismissed on January 6, 2014. On April 1, 2014, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee, but was dismissed on May 7, 2014.

[Ground of recognition] Facts without dispute, entry in Eul evidence Nos. 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 is not legally effective, "Rules for Recognition of Unemployment and Assistance to Re-employment", "Support for Re-employment of Beneficiaries and unemployment benefits", each of the "Rules of this case" and "the Business Manual of this case".

Based on this, the plaintiff must be present at a separate unemployment recognition date after submitting a plan for self-business activities in front of the unemployment recognition date and undergo the verification of unemployment for self-business preparation activities.