2012Guhap524 Revocation of Disposition to illegally receive and return the employment insurance fund

A

Head of the Daegu Regional Employment and Labor Office Port Office

May 16, 2012

June 20, 2012

1. On May 13, 201, the Defendant’s order to return KRW 8,901,00,000, the sum of KRW 4,450,50,500, and the additionally collected amount that the Defendant provided to the Plaintiff on May 13, 201, is revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On January 16, 2009, the Plaintiff applied for recognition of eligibility for employment insurance benefits to the Defendant, thereby recognizing eligibility for benefits of KRW 150 days for fixed benefit payment and KRW 29,670 for job-seeking benefits, and received job-seeking benefits of KRW 4,450,000 from January 23, 2009 to June 21, 2009.

B. On May 13, 2011, the Defendant ordered the Plaintiff to return KRW 4,450,50,500, additionally collected KRW 8,901,000, which was paid to the Plaintiff on the ground that the Plaintiff concealed the fact and received job-seeking benefits despite having failed to meet the eligibility requirements for receiving job-seeking benefits, since the number of working days during the one-month period prior to the date of applying for recognition of eligibility for eligibility for daily workers was 14 days in total, 10 days or more (hereinafter “instant disposition”). The Plaintiff filed a request with the employment insurance examiner on June 15, 201, but the Plaintiff filed a request for review with the Employment Insurance Review Committee on October 18, 201, but was dismissed on November 22, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion is as follows.

The Plaintiff received job-seeking benefits on the grounds that there was no fact that the Plaintiff had performed an act as a steel-replacement at the new construction site B from December 9, 2008 to December 29, 2009, since the number of working days during the one-month period prior to the date of applying for recognition of eligibility for benefits falls short of 10 days, and thus properly received job-seeking

3. Related statutes;

Attachment 'Related Acts and subordinate statutes' shall be as shown.

4. Determination

A. According to Article 40(1) of the Employment Insurance Act, job-seeking benefits shall be paid when the insured, who retired from employment, satisfies all the requirements set forth in the subparagraphs of paragraph (1). According to Article 40(5) of the same Act, a person who was a daily employed worker at the time of the final severance from employment, shall be less than 10 days

B. During the period from December 21, 2008 to December 31, 2008, the Plaintiff worked as a daily worker at the “D New Construction Site” performed by C during the period from December 21, 2008 to December 31, 2008, there is no dispute between the parties concerned. According to the respective statements of evidence Nos. 5 to Nos. 9, the Plaintiff’s written confirmation of wage substitution and the statement of labor cost payment prepared for the “B New Construction Project” (hereinafter “instant construction”) executed by 10 E Co., Ltd., the Plaintiff’s written confirmation of wage substitution and the statement of payment for 10 days from the instant construction site and stated that the Plaintiff was paid KRW 80,000 as daily workers for 10 days from the instant construction site, and the Plaintiff’s written confirmation that the Plaintiff’s eligibility for payment was unlawful for 17 days from the date of application for the instant new construction work and submitted the entire statement of payment for 4 days from the date of application.

(1) In order to work as daily workers at the “D New Construction Site,” which was conducted at a time similar to the instant construction work, and to receive wages, the Plaintiff has issued a copy of the resident registration certificate to F, who was the head of the working group at the time.

(2) On December 201, the Plaintiff filed a complaint with the Port North Korea Police Station on the charge of fraud, fabrication of private documents, and uttering of the above investigation document with the president of G, a company that had been subcontracted with the instant construction work and managed workers. During the investigation process of the instant case, the Plaintiff stated that “F was at the site of D new construction, and that “F was at the site of D new construction,” but the Plaintiff’s copy of the resident registration certificate was submitted by the Plaintiff at the time. However, it is difficult to find out why the Plaintiff entered the list because there was no fact that the Plaintiff did not work at the site of this case, and that there was no fact that the Plaintiff paid KRW 80,000 to the Plaintiff.” ② The Plaintiff stated that “I, among the daily workers who had been working in accordance with F at the time, is memory that the Plaintiff did not work at the site of this case.” ③ The remaining workers stated that the Plaintiff was not at the site of new construction work but at the site of this case.

5. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

The presiding judge, judge and judicial police officer

Judges Kim Yong-nam

Judges Choi Jae-in

A person shall be appointed.

A person shall be appointed.