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(영문) 청주지방법원 2015.04.16 2015구합139
실업급여 지급제한 등 처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The total amount of 320,000 won on April 23, 2013 from April 2013 to April 8, 2013, 2013 on May 28, 2013 from May 28, 2013 to May 28, 2013: 1,120,000 won on May 28, 2013 from May 28, 2013 to May 28, 2013, 200 on May 29, 2013; and

A. On April 16, 2013, the Plaintiff, upon applying for recognition of eligibility for employment insurance to the Defendant, received payment of KRW 2,560,000 as follows, on three occasions during the period of benefit from April 1, 2013 to June 25, 2013 (the fixed benefit payment date of KRW 210,400, the amount of job-seeking benefits, and November 18, 2013), and on three occasions during the period of benefit from April 23, 2013 to June 25, 2013:

B. From June 24, 2013, the Defendant confirmed on June 25, 2013, that the Plaintiff was paid job-seeking benefits without filing a report at the time when the application was filed for the recognition of unemployment, and on January 24, 2014, the Defendant issued an order to restrict the payment of unemployment benefits, an order to return, and a disposition to additionally collect (80,000,000,000, the amount returned to the Plaintiff for the period subject to the recognition of unemployment, and the amount additionally collected, and KRW 80,00,00,000, in total).

(hereinafter “instant disposition”). C.

On April 4, 2014, the Plaintiff filed a request to review the instant disposition with an employment insurance examiner, but was dismissed on May 26, 2014, and filed a request to review with the Employment Insurance Review Committee, but was dismissed on October 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's demand and supply of job-seeking benefits had been notified to attend the office from Jun. 24, 2013 and had been assigned to work from Jun. 24, 2013. However, the plaintiff did not report the employment on the unemployment recognition date on the wind that does not accurately recognize the job-seeking date due to the failure to prepare the employment contract at the time.

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