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(영문) 인천지방법원 2017.10.31 2017구단50345
실업급여 반환 및 지급제한
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 10, 2013, the Plaintiff filed an application for recognition of unemployment benefits with the Defendant on August 14, 2013, for unemployment benefits, and recognized the eligibility of KRW 150 days for the fixed benefit payment and KRW 34,992 for the benefit of KRW 3,705,140 on six occasions from August 21, 2013 to January 17, 2014.

B. However, the Defendant discovered that the Plaintiff had stayed abroad from December 17, 2013 to December 30, 2013, and applied for the recognition of unemployment on December 18, 2013 by his/her agent, and received KRW 979,70 of the job-seeking benefits amounting to 28 days from November 21, 2013 to December 18, 2013, based on Articles 61 and 62 of the Employment Insurance Act, the Defendant issued an order to return KRW 979,70 of the amount that the Plaintiff received as suspension of payment of unemployment benefits and illegal payment to the Plaintiff on July 12, 2016 (hereinafter “instant disposition”).

C. The Plaintiff filed a petition for review against the instant disposition, but was dismissed on September 29, 2016, and the petition for review was dismissed on November 23, 2016.

[Ground of recognition] Facts without dispute, Gap's 3 to 5 evidence, Eul's 1 to 15 evidence (including branch numbers), the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. In light of all the circumstances, including the Plaintiff’s assertion that there was no ground for disposition 1, the Plaintiff had met the practical requirements for eligibility by faithfully performing job-seeking activities even during the period of stay abroad, and the content and procedure of the application for recognition of unemployment are the same as that of the Plaintiff’s own, and the Defendant unfairly obstructed overseas connection with the employment insurance website, and makes an application for recognition of unemployment via an agent inevitably through an agent, the mere reason that the Plaintiff did not directly connect and apply for recognition of unemployment is either “the reason that the Plaintiff did not apply for recognition of unemployment.”

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