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(영문) 서울행정법원 2015.06.12 2015구합1236
고용보험피보험자격불인정처분취소
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 August 1, 2012, the Plaintiff entered into a management adviser agreement with the EMC Co., Ltd. (hereinafter “instant company”) and retired from the instant company upon being notified of the termination of the management adviser agreement by the instant company around August 28, 2013, when entering into the instant company’s performance of duties, such as entering into a contract for Samsung Fire 1, 4, and performance of duties, continuing business management, employees, and working-level management.

B. On September 13, 2013, the Plaintiff asserted that he was immediately dismissed by the head of the Seoul Regional Employment and Labor Agency, and applied for recognition of eligibility for employment insurance.

The head of the Seoul Regional Employment and Labor Agency requested the Defendant, who is the jurisdiction of the instant company, to determine the existence of insured status by the Plaintiff. On December 24, 2013, the Defendant issued a non-recognition of insured status by the Plaintiff on the ground that the Plaintiff was not an employee under the Labor Standards Act.

(hereinafter referred to as “instant disposition”). (c) The instant disposition

On February 24, 2014, the Plaintiff filed a request for examination with an employment insurance examiner on February 24, 2014, but the employment insurance examiner dismissed such request on May 1, 2014.

On July 28, 2014, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee, but the Employment Insurance Review Committee dismissed the request for reexamination on October 27, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including the relevant branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff is his employee, who was employed by the company of this case, and was dismissed while providing labor to the company of this case, and therefore, he is entitled to various benefits under the Employment Insurance Act as the insured of employment insurance.

(b) as shown in the attached Form of the relevant statutes;

C. Article 2 subparag. 1 (a) of the Employment Insurance Act and Articles 2 subparag. 2 and 5(1) of the Act on Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance.

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