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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Pursuant to Article 32 of the Civil Act and Article 4 of the Regulations on the Establishment and Supervision of Non-Profit Corporations under the jurisdiction of the Ministry of Culture and Tourism and the Cultural Heritage Administration, the Plaintiff is an incorporated foundation established around January 1971 for the purpose of the front line and the happy business.
B. From October 2017 to November 201 of the same year, the Defendant notified the Plaintiff on December 5, 2017 that the Plaintiff’s former executive secretary constitutes the insured worker (including the present retired executive secretary) who was omitted from the employment insurance policyholder on the ground that the Plaintiff’s former executive secretary is recognized as a wide-area subordinate employment relationship between the Plaintiff and the former executive secretary based on the fact that the content of the work of the former executive secretary is determined by the employer, that the former executive secretary is subject to the employment regulations in the workplace, and that the employer designates the working hours and places of the former executive secretary, and that the former executive secretary is recognized as a broad subordinate employment relationship between the Plaintiff and the former executive secretary, and directed the Plaintiff to submit a report on the acquisition of the insured status of the employee (including the former retired executive) who was omitted from the employment
(hereinafter referred to as “acquisition and Treatment of Insured Status”). / [Grounds for Recognition] The fact that there is no dispute, entry in Gap evidence 1 and 2 (including Serial Nos. 1 and 2), and the purport of the whole pleadings
2. Whether the lawsuit is lawful;
A. The plaintiff's assertion 1) The plaintiff's former secretary does not specify the contents of his work according to his superior and set working hours and places voluntarily, and fundamentally, the support fund raised by securing a sponsor by himself without receiving the benefit from the plaintiff is not recognized as an employee. Nevertheless, it is unlawful that the defendant allowed the plaintiff to acquire the employment insurance of this case ex officio on the ground that the former secretary is recognized as an employee of the plaintiff's former secretary, and thus, it should be revoked. 2) The defendant's assertion that the former secretary acquired the insured status of this case by acquiring the insured status of this case.