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(영문) 서울행정법원 2018.09.05 2017구단73245 (2)
조기취업수당 지불 요청 건
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 1, 2016, the Plaintiff joined the Plaintiff Company B and retired from employment on February 2, 2016, and on February 22, 2016, upon applying for recognition of eligibility for employment insurance to the Defendant, the Plaintiff recognized the eligibility for benefits of KRW 180 days (from February 29, 2016 to March 6, 2016) and the daily benefit amount of KRW 43,416, and then filed an application for the first unemployment recognition with the Defendant on March 7, 2016.

B. At the time of the first application for the recognition of unemployment, the Plaintiff revealed that, from March 7, 2016, the Defendant would be expected to commence the self-business of providing inspection services to C Co., Ltd. (hereinafter “C”).

However, the service contract between the Plaintiff and C submitted to the Defendant as an explanatory material was written as “ March 2, 2016,” which was the date of commencing the Plaintiff’s own business, prior to “ March 7, 2016,” which was alleged by the Plaintiff.

Accordingly, in order to determine the period of unemployment recognition of the Plaintiff, the Defendant demanded the Plaintiff to submit to the Plaintiff materials proving that the start date of self-business was “ March 7, 2016,” as alleged by the Plaintiff.

On March 10, 2016, the Plaintiff submitted to the Defendant on March 10, 2016, a service contract made between the Plaintiff and C, whose starting date of providing services is indicated as “ March 7, 2016.”

C. On March 10, 2016, the Defendant considered the Plaintiff’s unemployment period from February 29, 2016, which was the start date of the benefit period, to March 6, 2016, which was the day before the start date of the self-employed business, as seven days from March 6, 2016, and paid the Plaintiff the job-seeking benefits amounting to seven days (=43,416 won x seven days, and less than ten won) to the Plaintiff.

On March 15, 2017, the Plaintiff filed an application for early re-employment allowance with the Defendant, asserting that the Plaintiff, while running self-employment business for more than 12 months from March 7, 2016, satisfies the requirements for the payment of early re-employment allowance prescribed under Article 64 of the Employment Insurance Act (hereinafter “Act”) and Article 84(1)2 of the Enforcement Decree of the Employment Insurance Act (hereinafter “Enforcement Decree”).

E. The Defendant against the Plaintiff on March 25, 2017, and “the Plaintiff”.

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