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(영문) 서울행정법원 2015.02.26 2014구합21134

육아휴직급여일부부지급처분취소

Text

1. The Defendant’s disposition to return the difference in childcare benefits rendered to the Plaintiff on April 28, 2014 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff joined the Corporation and worked for the Corporation, and was granted childcare leave from May 12, 201 to May 11, 2012.

B. The Plaintiff filed an application with the Defendant for childcare leave, and the Defendant paid the Plaintiff KRW 7,951,80 for 12 months’ childcare leave.

C. On April 22, 2014, the Plaintiff filed an application with the Defendant for payment of the difference between bonuses, long-term continuous service allowances, meal allowance, transport subsidy, and customized welfare card points, calculated based on which the prescribed amount is included in ordinary wages, and the payment of the difference between the childcare benefits already paid by the Defendant to the Plaintiff.

(2) On April 28, 2014, the Defendant rejected the instant application on the ground that the procedure for raising an objection to the disposition on childcare benefits, etc. under Article 87 of the Employment Insurance Act, etc. was filed for a reexamination, a request for reexamination, and an administrative litigation, and the instant application is not a procedure for filing an objection under the Employment Insurance Act.

(hereinafter “instant disposition”) D.

On July 23, 2014, the Plaintiff filed a request for examination of the instant disposition with the Board of Audit and Inspection. On September 11, 2014, the Board of Audit and Inspection rejected the Plaintiff’s request for examination pursuant to Article 43(1) of the Board of Audit and Inspection Act, on the ground that “the Defendant’s act of returning the instant request does not affect the Plaintiff’s rights or duties, and thus cannot be subject to the request for examination, and two years and two months have elapsed from the date the Plaintiff received childcare leave (within 90 days from the date the Plaintiff becomes aware of the act constituting the cause for the request for examination, within 180 days from the date the act was committed, and Article 44(1) of the Board of Audit and Inspection Act has expired).”