1. The defendant's complaint on April 3, 2014 stated " April 2, 2014" as the date of the disposition, but it appears to be a clerical error.

1. Details of the disposition;

A. On October 15, 2013, the Plaintiff applied for recognition of eligibility for employment insurance benefits to the Defendant on the ground that he/she retired from the limited partnership company B (hereinafter “instant company”) from September 30, 2013, and obtained recognition of eligibility for benefits of KRW 180,000 for the fixed benefit payment day, KRW 34,992 for job-seeking benefits, and KRW 4,247,130 for 135 days from October 22, 2013 to March 5, 2014.

B. On April 3, 2014, the Defendant corrected the Plaintiff’s contractual work hours from 8 hours to 5 hours, and corrected the Plaintiff’s daily job-seeking amount from 34,992 to 21,870 won, and notified the Plaintiff that he/she should return the amount of overpaid wage 1,469,640 won.

(hereinafter “instant disposition”). C.

On April 18, 2014, the Plaintiff dissatisfied with the instant disposition, filed a request for an examination with an employment insurance examiner, but was dismissed. On September 11, 2014, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee, but was dismissed on October 29, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including the branch numbers), Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is operated as the taxi commission scheme that pays part of the transport earnings to the company. As such, the average wage, which serves as the basis for calculating the daily amount of job-seeking benefits, includes transport earnings exceeding the taxi commission, and the labor contract prepared between the Plaintiff and the instant company, whose basic working hours per day are five hours. However, considering the Plaintiff’s form of work and the amount of taxi commission, the basic working hours specified in the labor contract are merely the only formality.

Therefore, the instant disposition is unlawful as it erred by applying the average wage and contractual work hours.

(b) Attached Form of relevant statutes;

C. 1) Article 45(1) of the Employment Insurance Act provides that the daily wage, which serves as the basis for calculating job-seeking benefits, shall be the average wage calculated in accordance with Article 2(1)6 of the Labor Standards Act.