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Reasons
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(영문) 대구고등법원 2015.09.18 2015누4694
실업급여 지급제한 등 취소
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Details of the disposition;

A. On November 1, 2013, the Plaintiff applied for recognition of eligibility for unemployment benefits to the Defendant, and received the total amount of job-seeking benefits KRW 2,710,850 from the Defendant four times as indicated below.

On January 10, 2014, the Plaintiff reported to the Defendant that 11 days were during the period subject to the recognition of unemployment, and 4 days during the period subject to the recognition of unemployment No. 4 on February 7, 2014.

The amount of payment for the days for recognition of the period subject to the recognition of unemployment recognition (won) on November 22, 2013, 2013 to November 8, 2013, or on November 22, 2013, 528,090 on December 13, 2013 to December 23, 2013, or December 13, 2013 to December 23, 2013; 3203, 3203, January 14, 2013 to October 14, 2014; 598, 500 on April 11, 2014; 201 to April 24, 2014;

B. The Defendant on January 22, 2014 and

2. Through the employment insurance system on 19. 19. The Plaintiff was reported as having worked 14 days during the period subject to the recognition of unemployment No. 3 and 6 days during the period subject to the recognition of unemployment No. 4 during the period subject to the recognition of unemployment No. 3.

C. On March 10, 2014, the Plaintiff filed a voluntary report stating that “Around December 23, 2013 to January 16, 2014, the Plaintiff reported that a total of 15 days would not have been reported on a public holiday even after having worked for a total of 20 days in B from December 23, 2013 to January 16, 2014.”

Accordingly, on March 21, 2014, the Defendant issued a return order of KRW 950,550 for the Plaintiff on unemployment benefits under Articles 61 and 62 of the Employment Insurance Act (i.e., the total unemployment benefits amounting to KRW 844,940 for the pertinent period of violation twice 3 days for the illegal receipt of the unemployment benefits) to the Plaintiff on March 21, 2014 (i.e., the instant return order).

E) The Plaintiff appealed and filed a request for review on March 31, 2014, but the employment insurance examiner decided to dismiss the request on May 26, 2014. The Plaintiff did not dispute the grounds for recognition.

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