1. Revocation of the first instance judgment.

2. On April 30, 2019, the Defendant rendered a decision to pay a site for temporary retirement benefits for childcare to the Plaintiff.

1. Details of the disposition;

A. While working at the Gwangju Regional Headquarters of Korea Labor Welfare Corporation, the Plaintiff used childcare leave for 28 days from February 18, 2019 to March 17, 2019 for the same child, and for 2 days from April 9, 2019 to April 10, 2019.

B. On April 26, 2019, the Plaintiff filed an application with the Defendant for childcare leave, and on April 30, 2019, the Defendant rendered a decision not to pay childcare leave to the Plaintiff on the ground that the Plaintiff was not granted childcare leave for at least 30 days (hereinafter “instant refusal disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the rejection disposition of this case is legitimate

A. Article 70(1) of the former Employment Insurance Act (amended by Act No. 16557, Aug. 27, 2019; hereinafter “Employment Insurance Act”) does not require the payment of childcare leave for at least 30 days, and Article 19-4 subparag. 3 of the former Equal Employment Opportunity and Work-Family Balance Assistance Act (amended by Act No. 1658, Aug. 27, 2019; hereinafter “Equal Employment Opportunity Act”) provides that childcare leave may be used in one installment.

When comprehensively considering the contents of the above provisions, the legislative intent and purpose of the childcare leave system, the constitutional value of maternity protection, the system of statutes, etc., it shall be deemed that the childcare leave can be claimed if 30 days are granted in total.

Since the Plaintiff was granted 30 days of childcare leave in total, the Plaintiff constitutes “insureds granted childcare leave for at least 30 days” under Article 70(1) of the Employment Insurance Act, which is defined as a person eligible for childcare leave.

Therefore, the rejection disposition of this case that the plaintiff did not pay childcare leave on the ground that the plaintiff did not receive childcare leave for at least 30 days consecutively is illegal.

(b) relation.