2011Guhap26749 Order to restrict and return unemployment benefits and revocation of revocation of a decision to additionally collect them.

A

The Seoul Regional Employment and Labor Agency Head of the Seoul Regional Labor Office

October 14, 2011

November 1, 2011

1. The decision that the Defendant rendered against the Plaintiff on August 26, 2010 to restrict the payment of unemployment benefits, to order the return of unemployment benefits, and to additionally collect them shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the entry in the evidence Nos. 1 and 5.

A. On January 27, 2010, the Plaintiff filed an application for job-seeking benefits to the Defendant and received job-seeking benefits amounting to KRW 2,769,200 from October 2, 2010 to May 3, 2010.

B. On August 26, 2010, the Defendant rendered a decision on August 26, 2010 to restrict payment of job-seeking benefits and refund of 2,769,200 won already paid and additionally collect 2,769,200 won (hereinafter “instant disposition”) on the ground that the Plaintiff was not eligible for job-seeking benefits due to having worked for at least ten days during one month prior to the date of application for job-seeking benefits (hereinafter “instant disposition”).

2. Whether the disposition is lawful;

A. The plaintiff's assertion

1) Since the Plaintiff was not served with the instant disposition, the instant disposition is unlawful. 2) If the Defendant employee was found to have been dismissed on December 31, 2009, the Plaintiff applied for unemployment benefits to the Plaintiff, thereby making it possible to file an application for unemployment benefits, and the instant disposition was unlawful. Therefore, the instant disposition was unlawful.

(b) Related statutes;

It is as shown in the attached Table related statutes.

C. Determination

First, we examine the plaintiff's first argument.

Comprehensively taking account of Articles 14, 15, and 24 of the Administrative Procedures Act, an administrative agency shall make a disposition in writing, unless otherwise prescribed by other Acts and subordinate statutes, and the disposition shall take effect when the written disposition reaches the person to whom the service is to be made. Service shall be made by means of mail, delivery, etc. and, if the person to receive the service is not present at the place to which the service is to be made, it may be made to his/her office worker, employee, or inmate: Provided, That if the address, etc. of the person to receive the service is not verifiable by ordinary means or it is impossible to serve, it shall be publicly announced in the Official Gazette

In full view of the purport of the argument in Eul evidence No. 12, the defendant sent the written disposition of this case on August 27, 2010, but the written disposition of this case was returned to Eul on September 1, 2010 because the written disposition of this case was returned to the addressee's unknown on August 30, 2010, and thus, it can be recognized that the defendant sent the written disposition of this case to Eul, an employee of the defendant, and that there was no entry that the defendant again sent the written disposition of this case or served by public notice thereafter. Thus, it cannot be said that the written disposition of this case

Therefore, since the disposition of this case cannot be deemed to have been legally effective against the plaintiff, this part of the plaintiff's assertion seeking revocation of the disposition of this case is with merit, in the sense of seeking revocation of the disposition of this case without the need to further examine the remaining arguments of the plaintiff.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

The presiding judge, Gimdo,

Judges Hanwon-won

Judges Lee Sung-won

A person shall be appointed.