1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

B operates the labor law firm E for the purpose of legal affairs-related service business in the Common City C, D.

(hereinafter “instant workplace”). On August 10, 2018, the Plaintiff filed an application for recognition of eligibility for employment insurance with the Defendant on the ground that “from January 26, 2017 to July 31, 2018, the Plaintiff left the workplace in the instant workplace and left the workplace as a recommended worker.”

On August 10, 2018, the Defendant confirmed the fact that the Plaintiff was the representative B’s spouse, and requested on August 10, 2018 to verify the insured status of the Plaintiff’s employment insurance to the branch office of Korea Labor Welfare Corporation.

On October 25, 2018, the branch office of the Korea Labor Welfare Corporation issued a reply that the Plaintiff did not recognize the insured status because it is not an employee under the Labor Standards Act.

On October 26, 2018, the Defendant rendered a non-recognition of eligibility for employment insurance on the ground that the Plaintiff is not an employee under the Labor Standards Act.

hereinafter referred to as "disposition of this case"

(2) On November 2, 2018, the Plaintiff filed a petition for review with an employment insurance examiner on November 2, 2018, but the said petition for review was dismissed on February 11, 2019. On March 8, 2019, the Plaintiff filed a petition for review with the Employment Insurance Review Committee on March 8, 2019, but the said petition for review was dismissed on April 30, 2019. [Grounds for recognition] In the absence of dispute, A’s 4, 5, 1 through 4 (including those with serial numbers; hereinafter the same shall apply).

The Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire pleadings as to whether the instant disposition is lawful shall be revoked on the premise that the Plaintiff’s eligibility for employment insurance is recognized as an employee under the Labor Standards Act, since the Plaintiff was under the direction and supervision of the representative B at the instant workplace, and was engaged in administrative and extra affairs.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Facts of recognition

The place of business of this case is located in the city of Gyeongnam-gu.