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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The amount paid during the unemployment recognition period from July 27, 2016 to July 20, 2016.
A. On August 5, 2015, the Plaintiff applied for eligibility for job-seeking benefits pursuant to Article 43 of the Employment Insurance Act on the ground that he/she retired from employment from “B” on July 11, 2016, and recognized eligibility for benefits of KRW 90 days for fixed benefit payment and KRW 43,416 for job-seeking benefits. From July 20, 2016 to October 17, 2016, the Plaintiff received the recognition of unemployment of KRW 3,907,410 as follows.
The amount paid during the period for the recognition of unemployment (unit (unit) from May 5, 2017 to May 15, 2017, 2015 to May 16, 2017, May 16, 2017; and June 9, 2017 to June 12, 2017, June 1, 2017; 164,600 until July 7, 2017 to July 10, 2017; 304; 350 to August 2, 2017 to August 2, 2017;
B. In addition, on April 28, 2017, the Plaintiff filed an application for eligibility for job-seeking benefits with the Defendant on April 28, 2017, on the ground that he/she retired from employment from “C”, and recognized the eligibility for benefits of KRW 90 days for the fixed benefit payment days, KRW 46,584, and KRW 4,192,550 upon obtaining the recognition of unemployment from May 5, 2017 to August 2, 2017, as follows.
C. However, the Plaintiff applied for the recognition of unemployment through information and communications networks on August 24, 2016, September 21, 2016, June 9, 2017, and July 7, 2017, which is the unemployment recognition date, without directly applying for the recognition of unemployment, and had his/her spouse file an application for the recognition of unemployment via information and communications networks on his/her behalf.
C. On November 30, 2018, the Defendant considers that the Plaintiff constitutes “the case where unemployment benefits are received by fraudulent or other illegal means” under Article 61(1) of the Employment Insurance Act (hereinafter “Act”), and limits the payment of unemployment benefits to the Plaintiff on the ground of “the recognition of unemployment and the false job-seeking activities” under the main sentence of Article 61(1) of the Act.