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(영문) 서울행정법원 2020.05.14 2019구합78524

고용보험 피보험자격 정정신청 불승인 처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a business owner who is automatically subscribed to employment insurance with B and C as the place of business subject to the Employment Insurance Act from September 20, 1995 (hereinafter “instant place of business”), and D is a worker employed in the instant place of business from April 3, 2017 to November 23, 2018.

B. On December 10, 2018, the Plaintiff reported the loss of insured status of D with respect to the Defendant on November 24, 2018, and the ground for loss was based on “individual circumstance”.

C. Since then, in the Defendant’s claim for verification of the insured status, D asserted that his/her grounds for loss of insured status (hereinafter “instant grounds for loss”) were dismissal, but the Plaintiff asserted that the instant grounds for loss constituted voluntary retirement.

In this regard, the defendant, on the ground that "it is reasonable to deem that the plaintiff would have recommended the plaintiff to retire and D shall consent thereto", the reason for the loss of this case is specified in the production method column of the above form (section code) according to the Enforcement Rule of the Employment Insurance Act (attached Form 6), is specified only as follows. The reason for the loss of the reason for the loss of the industrial accident insurance (section code) is specified in the middle classification of the reasons for the loss as follows. The reason for the loss of the reason for the loss of the industrial accident insurance (section) must be stated together with the classification

◈ 자진퇴사 : 11. 개인사정으로 인한 자진퇴사 12. 사업장 이전, 근로조건 변동, 임금체불 등으로 자진퇴사 ◈ 회사사정과 근로자 귀책사유에 의한 이직 : 22. 폐업ㆍ도산 23. 경영상 필요 및 회사불황으로 인한 인원감축 등에 따른 퇴사(해고ㆍ권고사직ㆍ명예퇴직 포함) 26. 근로자의 귀책사유에 의한 징계해고ㆍ권고사직 ◈ 정년 등 기간만료에 의한 이직 : 31. 정년 32. 계약기간 만료, 공사 종료 ◈ 기타 : 41. 고용보험 비적용, 42. 이중고용 중 ‘26. 근로자의 귀책사유에 의한...