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(영문) 부산고등법원(창원) 2019.10.30 2019누11111
실업급여지급제한,반환명령및추가징수결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The part of the judgment of the first instance against the defendant shall be revoked.

During the plaintiff's claim, ..

Reasons

1. The court's explanation on this part of the summary of the disposition is the same as the corresponding part of the judgment of the court of first instance. Thus, it shall accept it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. The reasoning for the court’s explanation as to this part of the disposition is as to the “(3) additional collection and determination” of the “(2) judgment” and “(3) judgment” of the judgment of the court of first instance as to whether the disposition is lawful, and as to the part of the “the theory of lawsuit” (from 2 to 6, 10, 10, 10, 5, 5, 5, 5, 5, 5, 5, 5, and 5) as stated in the judgment of the court of first instance, and the corresponding part of the judgment of the court of first instance,

(1) The Plaintiff’s ground of appeal on the part of the order of return during the instant disposition is identical to the assertion of the first instance court, and even if the Plaintiff’s assertion is examined, “the Plaintiff constitutes a person who received job-seeking benefits by fraud or other improper means,” it cannot be deemed that there was any illegality of deviation or abuse of discretion in the part of the order of return during the instant disposition,” and that there is no illegality in fact-finding and determination of the first instance court’s finding of facts and determination to the effect that it was justifiable, and that there is no illegality as alleged by the Plaintiff). 3. [3......] Additional collection is made (Article 105(1) and (2) of the Enforcement Rule of the Employment Insurance Act, which is delegated by Article 62(1) of the Employment Insurance Act, and Article 105(1) of the Enforcement Rule of the Employment Insurance Act, which is additionally collected under Article 62(1) of the Employment Insurance Act, and Article 62(1) of the Employment Insurance Act, which was paid by fraud or other improper means.

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