(영문) 서울고등법원 2013.1.10. 선고 2012누24537 판결

All measures taken by the Defendant against the Plaintiff on November 9, 2010, including restrictions on the payment of unemployment benefits, orders to return, and additional collection, shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Acknowledgement of the first instance judgment

The reasoning for this Court concerning this case is as follows: (a) the relevant part of the judgment of the court of first instance is identical to the ground for the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as stated next "2." Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts of scraping;

○ Article 2 subparag. 1 of the former Act (amended by Act No. 10895, Jul. 21, 2011; hereinafter the same) 8 pages of the first instance judgment (Article 2 subparag. 1 of the Act)

○ In the first instance judgment, the 5th 9th Doctrine Act, Article 13(1) main sentence is "the main sentence of Article 13 of the former Act."

○ Article 14 (1) 3 of the Act on the 87th Instance of the first instance court, 'Article 14 (3) of the former Act'

○ The attached Form 1 of the judgment of the court of first instance is completely dismissed as shown in the attached Form 1 of the judgment.

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just with this conclusion, and the defendant's appeal is dismissed.