logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.04.06 2016구합71867
실업급여 지급제한, 반환명령 및 추가징수 결정 처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 18, 2014, the Plaintiff recommended Ameri Fire Insurance Co., Ltd., Ltd. to grant employment insurance benefits on the 19th of the same month, and applied for recognition of eligibility for employment insurance benefits to the Defendant on the 19th of the same month, thereby obtaining recognition of eligibility for benefits of KRW 150,000 for the fixed benefit payment days and KRW 40,000 for job-seeking benefits on four occasions from the 26th of the same month to May 28, 2014 as follows.

The date of application for the recognition of unemployment (date of application for the recognition of unemployment) shall be the sum of KRW 20,000,000 from February 26, 2014 to March 5, 2014 on March 5, 2014 on the date on which the payment of the period subject to the recognition of unemployment is determined (date of application for the recognition of unemployment) and KRW 120,000,000 from March 6, 2014 to April 26, 2014 on March 2, 2014, to April 11, 204, KRW 30,000 on April 30, 2014 on April 30, 2014 to April 30, 2014; KRW 120,000 on April 30, 2014 on the aggregate of KRW 18,50,000 on April 30, 2014.

B. On May 27, 2014, the period of unemployment benefits payment, the Plaintiff commissioned Samsung Life Insurance Co., Ltd. (hereinafter “instant company”) as an insurance solicitor (hereinafter “instant commission”). However, upon filing an application for the recognition of unemployment on May 28, 201, the Plaintiff indicated the application form for recognition of unemployment as “free” in the column for confirmation of the details of work and for confirmation of issuance of business registration certificates.

C. On September 24, 2014, the Defendant issued a restriction on the payment of unemployment benefits, an order to return, and a disposition of additional collection [a total of KRW 1.2 million = A total of KRW 1.2 million for the period subject to the recognition of unemployment [a total of KRW 1.2 million from May 1, 2014 to May 28, 2014] on the ground that “the Plaintiff was unlawfully paid job-seeking benefits without filing a report on the instant commission while filing an application for the recognition of unemployment” [a total of KRW 80,000 for the period subject to the recognition of unemployment [a total of KRW 1.2 million additionally collected KRW

(hereinafter “instant disposition”) D.

On December 23, 2014, the Plaintiff filed a petition for review with the Ministry of Employment and Labor for the instant disposition, but was dismissed on November 19, 2015.

E. On March 26, 2016, the Plaintiff appealed and filed a request for reexamination with the Employment Insurance Review Committee, but was dismissed on May 11, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence No. 4, and Eul No. 1.

arrow