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The judgment below is reversed and the case is remanded to Seoul High Court.
Reasons
The grounds of appeal are examined.
1. Article 64(1) of the Employment Insurance Act provides, “The early re-employment allowance shall be paid to an eligible recipient who re-employments in a stable occupation or engages in profit-making business, meeting the standards prescribed by Presidential Decree.”
Article 84(1) of the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 25022, Dec. 24, 2013; hereinafter “Enforcement Decree”) further concretes the above provision, and stipulates that, in cases where an eligible recipient is re-employed for at least 30 days after the expiration of the waiting period prescribed in Article 49 of the Act and the fixed benefit payment days prescribed in Article 50 of the Act remain for at least 30 days on the basis of the day preceding the date of re-employment, the payment of early re-employment allowance shall be made in any of the following cases: (a) “Where a re-employed business owner continues to engage in business for at least 6 months” or “where
The purpose of this early re-employment allowance is to minimize the period of job-seeking and to encourage stable re-employment by paying a certain amount of money equivalent to the unpaid portion of job-seeking benefits, regardless of the type of self-employment or self-employment prior to receiving all job-seeking benefits.
Article 84(1) of the Enforcement Decree of the Employment Insurance Act provides that “If a business owner re-employed continues to engage in a business for at least six consecutive months” and “where a business owner continues to engage in a business for at least six consecutive months” (Article 64(1) of the Act and “where a business owner engages in a business for profit-making in Switzerland,” respectively. The Employment Insurance Act does not provide for the definition of “employment” but does not provide for the definition of “employment.” However, in light of the content, form, system, and purpose of early re-employment allowance, etc. of various statutes related to employment.