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(영문) 광주고등법원 2018.07.12 2017누5064

실업급여반환처분 취소청구의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Details of the disposition;

A. The Plaintiffs were called up to transport goods and military supplies for wartime, etc. under the Military Service Act, or to support the work related thereto, and served as onboard ship reserve personnel to serve as a mate.

Onboard ship reserve service shall perform onboard ship service at a private maritime transport or fisheries enterprise that owns and manages a ship for three years within five years from the date of its initial transfer, and Plaintiff A served as onboard ship reserve service from February 23, 201 to March 29, 201, and Plaintiff B from January 31, 201 to February 28, 2015.

B. The Plaintiffs filed an application for unemployment benefits under Article 40(1) of the Employment Insurance Act with the Defendant on December 26, 2013 from December 23, 2013 to March 29, 2014 (3,280,000 in total) KRW 3,280,000 from the Defendant during the onboard ship reserve service period, after the termination of an employment relationship with the Sung Shipping Co., Ltd., and received total amount of KRW 3,280,00,00 from the Defendant during the onboard ship reserve service period, for unemployment benefits under Article 40(1) of the Employment Insurance Act. The Plaintiff’s acquisition and loss of the insured status and the supply and demand of the job-seeking benefits are as follows:

Plaintiff

B Details of the acquisition and loss of insured status and the supply and demand of job-seeking benefits are as follows. The amount of supply and demand of employment insurance benefits for the period subject to the verification of unemployment (the number of days of receipt) during which the date of application for eligibility for unemployment benefits is to be lost shall be as of July 2, 2012 from the date of acquisition of the eligibility for job-seeking benefits on the date of application for eligibility for the eligibility for unemployment benefits (the 2,480,000 "from March 21, 2013 to May 21, 2013 (62 days) from March 21, 2013 to May 21, 2013 (the 62 days). < Amended by Presidential Decree No. 24880, Nov. 29, 2013; Presidential Decree No. 17505, Mar. 5, 2014; Presidential Decree No. 17500, Jun. 30, 2000>