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(영문) 대구고등법원 2020.11.06 2020누2531
실업급여지급제한 반환명령및추가징수처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing this case in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. According to the overall purport of Gap evidence Nos. 3 and Eul evidence Nos. 12, 14, 15, and 17 among the grounds for the instant disposition, D worked at the construction site in Youngcheon City from September 5, 2016 to October 30, 2016, participated in the education for assistants from September 19, 2016 to October 25, 2016, and was hospitalized in the hospital due to traffic accidents from November 3, 2016 to November 7, 2016, and it is recognized that D worked at the records of the provision of activity support allowances in D during the above period.

(2) However, according to the above evidence, according to the following circumstances acknowledged by the purport of the testimony and the whole pleadings by the witness C at the trial, the above facts alone are insufficient to deem that the Plaintiff was working as an assistant of H instead of D with lending the name of D, and there is no other evidence to acknowledge this differently. Thus, this part of the disposition is not acknowledged.

① He stated that D is a person who worked as a part of his work assistant investigation, and D was forced to receive activity assistant education or to be hospitalized due to a traffic accident, and that D was able to do so on behalf of the Plaintiff, but D was able to look at H in Pyeongtaek.

② While attending the court of the first instance, C also stated to the effect that the Plaintiff was acting on behalf of the Plaintiff in the activities auxiliary to his F and G, such as bathing and going out of the court, C also stated that D, on the other hand, performed the activity assistant on his own.

(3) D shall not be absent from work at H’s house, and shall be from 6:0 to 6:00 new walls with H’s house.

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