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(영문) 서울고등법원 2018.1.10. 선고 2017누61074 판결
고용보험피보험자격상실사유직권정정처분취소
Cases

2017Nu61074. Revocation of ex officio rectification of grounds for loss of insured status

Plaintiff-Appellant

A Stock Company

Defendant Appellant

The Head of the Seoul Regional Employment and Labor Office Seoul Gangnam District Office

The first instance judgment

Seoul Administrative Court Decision 2016Guhap82911 decided June 23, 2017

Conclusion of Pleadings

November 29, 2017

Imposition of Judgment

January 10, 2018

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. Claim: The Defendant’s ex officio rectification of grounds for loss of insured status against employment insurance against B on April 19, 2016 shall be revoked.

2. Purport of appeal: Revocation of the judgment of the first instance. The plaintiff's claim is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is that the "witness witness" in the second 17th e.g., the second e., the "witness witness" in the first e.g., the second e., the second e., the second e., the second e., the second e., the second e., the second e., the second e., the plaintiff company is difficult to.g., the second e., the second e.

It is difficult to see that B was retired from office upon the recommendation of the Plaintiff Company (as stated in the evidence Nos. 12, 13, and 15 additionally submitted by the Defendant at the trial and the testimony of witness B at the trial of the first instance, C took part in the personnel employment of the Plaintiff Company, etc. However, such circumstance alone alone seems to have taken part in B’s resignation against the Plaintiff Company’s own will.

It is difficult to see that he has resigned.

2. Conclusion

Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge, the judge and the marine judge

Judges Woo-ok

Judges Song Sung-sung

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