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(영문) 서울고등법원 2018.01.10 2017누61074
고용보험 피보험자격 상실사유 직권정정처분 취소
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. The reasons for the court’s explanation concerning this case are as follows: (a) the witness of the second instance judgment “in the first instance court” is the witness of the second instance judgment; and (b) the part of the sixth seven to eight “the Plaintiff Company is difficult to find” of the sixth instance judgment is the same as the reasoning of the first instance judgment; and (c) thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

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 management of the Plaintiff Company, such as employment of employees of the Plaintiff Company. However, such circumstance alone alone is difficult to see that B was retired from office in accordance with the advice of resignation by the Plaintiff Company against its own will.

(i) "";

2. The decision 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.

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