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(영문) 수원지방법원 2015.12.16 2015나22066
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. B is the representative director C of the Plaintiff Company. 2) The Defendant is a corporation that carries out insurance business under the Employment Insurance Act and the Industrial Accident Compensation Insurance Act, which is entrusted by the Minister of Employment and Labor pursuant to Article 4 of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter “Insurance Premium Collection Act”).

B. On January 8, 2013, B filed an application for recognition of eligibility for employment insurance (employment benefits) with the Ministry of Employment and Labor within the Ministry of Employment and Labor, on the ground that “the Plaintiff’s employee was insured on February 2, 2004, and was dismissed on June 29, 2012” (hereinafter “instant disposition”). However, on March 13, 2013, the head of the Ministry of Employment and Labor within the Ministry of Employment and Labor of the Ministry of Employment and Labor for the recognition of eligibility for employment insurance (employment benefits) was revoked on the ground that B’s spouse as the Plaintiff’s representative is not the insured of employment insurance (hereinafter “instant disposition”).

C. (1) On September 25, 2014, the Plaintiff filed a claim with the Defendant for the return of the employment insurance premium that was paid by B from February 2004 to June 2012, 2012. (2) The Defendant returned the employment insurance premium for B after October 13, 2014 to the Plaintiff Company, but did not return it on the ground that the three-year extinctive prescription under Article 41(1) of the Insurance Premium Collection Act has already lapsed for each of the employment insurance premium for B from October 2004 to 2010 (hereinafter “instant insurance premium”).

1) Article 6 (1) of the Employment Insurance Act provides for the Insurance Premium Collection Act with respect to insurance premiums and other charges collected to cover the costs of insurance business under this Act. Article 8 (Scope of Application)

Provided, That projects prescribed by Presidential Decree in consideration of industrial characteristics and scale, etc.

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