(영문) 부산지방법원 2012.4.20. 선고 2012구합301 판결

The Defendant’s order of return of unemployment benefits of KRW 8,640,000 against the Plaintiff on April 1, 201 and disposition of additional collection shall be revoked.

Reasons

1. The basis of disposition;

A. On November 23, 2009, the Plaintiff applied for recognition of eligibility for employment insurance benefits of KRW 150 days for the fixed benefit payment days and KRW 28,800 for job-seeking benefits from the Defendant on the ground that the Plaintiff worked as a daily worker at KPS Co., Ltd. (KPS) to the Defendant, and was paid job-seeking benefits of KRW 4,320,000 for the sum from November 30, 2009 to April 28, 2010 (150 minutes).

B. On April 1, 201, the Defendant issued an order to return KRW 4,320,000 paid to the Plaintiff pursuant to Article 62 of the Employment Insurance Act and issued an additional collection of KRW 4,320,000, which is the equivalent amount thereof, on the ground that the Plaintiff had worked for 13 days prior to the date of applying for recognition of eligibility for benefits, and received job-seeking benefits by reporting it to the Defendant for less than 10 days.

C. On April 25, 2011, the Plaintiff filed a request with an employment insurance examiner for review seeking revocation of the instant disposition, but was dismissed on July 4, 201, and on September 20, 2011, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee, but was dismissed on October 25, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Plaintiff was unaware of the fact that the Plaintiff could not receive job-seeking benefits if he worked for at least ten days during one month prior to the date of applying for recognition of eligibility for benefits. Since the Defendant did not explain the above fact to the Plaintiff, it is an abuse of discretionary power to return the amount received by the Defendant to the Plaintiff, and is a disposition contrary to good faith.

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

Article 40(1)5 of the Employment Insurance Act provides that job-seeking benefits shall be paid to a person who is a daily employed worker at the time of the final severance from employment, if the number of working days during one month prior to the application date for recognition of eligibility for benefits under Article 43 of the Employment Insurance Act falls short of ten days. Article 62(1) of the same Act provides that the head of an employment security office may order the person who has received job-seeking benefits by fraud or other improper means to return all or part of the total amount of job-seeking benefits paid to him/her by fraud or other improper means. In addition, Articles 104 and 105 of the Enforcement Rule of the Employment Insurance Act provide that the amount equivalent to the amount of job-seeking benefits paid by fraud or other improper means may be collected in accordance with the guidelines prescribed by Ordinance of the Ministry of Employment and Labor. Articles 62(1) and 105 of the Enforcement Rule of the Employment Insurance

(3) According to the reasoning of the above evidence, the Plaintiff’s act of receiving unemployment benefits prior to 20 days prior to the date of applying for recognition of eligibility for benefits (from October 23, 2009 to November 22, 2009) is against the principle of good faith, and the Plaintiff’s act of receiving unemployment benefits prior to 20 days prior to 20 days prior to the date of receiving eligibility for benefits (from October 23, 2009 to 10 days prior to 20 days prior to the date of receiving eligibility for benefits, and the Plaintiff’s act of receiving eligibility for benefits prior to 10 days prior to 20 days prior to the date of receiving eligibility for benefits (from October 23, 2009 to 20 days prior to the date of receiving eligibility for benefits prior to 10 days prior to the date of receiving eligibility for benefits prior to 20 days prior to the date of receiving eligibility for benefits prior to 10 days prior to the date of receiving eligibility for benefits prior to 20 days prior to the date of receiving eligibility for benefits prior 10 days prior to 20 days.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.