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(영문) 서울행정법원 2016.01.13 2015구단2041
구직급여일부부지급처분취소
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 February 28, 2014, the Plaintiff retired from employment at Seoul Foreign Language High School and applied for recognition of eligibility for employment insurance to the Defendant on March 10, 2014, the Plaintiff recognized eligibility of KRW 180,000 for the fixed benefit payment days, KRW 40,000 for the daily benefit of job-seeking benefits, and received job-seeking benefits of KRW 4,80,000 for 120 days through five times in total, from March 17, 2014 to July 14, 2014.

B. On August 11, 2014, the sixth unemployment recognition date, the Plaintiff filed an application for the recognition of unemployment (hereinafter “instant application for the recognition of unemployment”) with the Defendant, asserting that the period subject to the recognition of unemployment for 28 days from July 15, 2014 to August 11, 2014 was four times for job-seeking activities with respect to the dry Industry, the Stock Company Es Technology, and C, etc.

C. On August 11, 2014, the Defendant deemed two job-seeking activities, such as C and C, a dry industry, etc., as a false and formal job-seeking ( simple submission) among the above four job-seeking activities of the Plaintiff, on the ground that the Plaintiff did not actively engage in the job-seeking activities, and instead paid 14 days of job-seeking benefits corresponding to the period subject to the recognition of unemployment regarding the above two companies, 560,000 (40,000 x 14 days) for the remainder of the job-seeking benefits (hereinafter “instant disposition”).

The Plaintiff filed a petition for review against the instant disposition on September 18, 2014. However, the employment insurance examiner dismissed the Plaintiff’s petition for review on November 3, 2014, and the Plaintiff filed a petition for reexamination on December 23, 2014, but the Employment Insurance Review Committee dismissed the Plaintiff’s petition for reexamination on February 4, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 6, 8, Eul evidence Nos. 6 and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is based on the following reasons.

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