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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. The reasoning of the judgment of the court of first instance for the acceptance of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding “A evidence No. 11 and F’s testimony” to the evidence of rejection of the second instance on the grounds of the judgment of the court of first instance, and adding the judgment of the plaintiff as to the plaintiff’s assertion as stipulated in paragraph (2) below, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure
2. Additional determination
A. Although Article 35(1) of the Employment Insurance Act provides that “The person who received support from employment security activities by improper means may restrict the provision of support or order the return of the amount of support,” the disposition of restricting payment and the disposition of returning the amount of support may be selected, the disposition of restricting payment and the disposition of returning the amount of support at the same time constitutes a double disposition and thus is unlawful.
B. According to Article 35(1) of the Employment Insurance Act, the Minister of Employment and Labor may order a person who has received support for employment security activities by fraud or other improper means to restrict such support or return the amount of subsidy received, as prescribed by Presidential Decree. In light of the purpose and purpose of employment security activities, the content thereof, etc., it is reasonable to deem that the Minister of Employment and Labor has delegated it to the Presidential Decree as to whether a return order should be required if there is an unlawful act. Article 56(1) of the former Enforcement Decree of the Employment Insurance Act (wholly amended by Presidential Decree No. 22603, Dec. 31, 2010) provides that "the return of the subsidy received by fraud or other improper means shall be ordered pursuant to Article 35(1) of the Employment Insurance Act, and the main sentence of Article 35(2) provides that "the person who has received the subsidy by improper means" shall be ordered to return the subsidy under paragraph (1)