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(영문) 서울행정법원 2015.01.23 2014구합13980
실업급여부지급결정처분취소
Text

1. On September 26, 2013, the Defendant’s decision on the payment of unemployment benefits site against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 23, 2013, the Plaintiff filed an application for recognition of eligibility for employment insurance with the Defendant to receive KRW 34,992 for job-seeking benefits and received payment of KRW 4,269,010 (122 days) from May 30, 2013 to October 26, 2013.

B. On August 29, 2013, at the time of the application for the fourth unemployment recognition (from August 2, 2013 to August 29, 2013, the period subject to the recognition of unemployment), the Plaintiff reported that he/she each engaged in job-seeking activities on August 9, 2013, Co., Ltd. (hereinafter “Maritime Research Institute”) and “B” on August 26, 2013.

C. On August 29, 2013, the Defendant paid KRW 979,770 of unemployment benefits to the Plaintiff. From August 30, 2013 to September 26, 2013, the Defendant designated the first unemployment recognition date as the fifth unemployment recognition date, and notified the Plaintiff that the date and number of job-seeking activities would be four times a week.

During the period subject to the fifth unemployment recognition (from August 30, 2013 to September 26, 2013), the Plaintiff reported that he/she carried out job-seeking activities on September 3, 2013, “Seoul Vocational Special School”, “Maritime Private Teaching Institutes” on September 11, 2013, “C” on September 20, 2013, and “MW services” on September 24, 2013.

E. As to this, the Defendant, on September 26, 2013, rendered a decision on the payment of unemployment benefits (hereinafter “instant disposition”) on September 26, 2013 on the ground that the Plaintiff did not actively engage in job-seeking activities, on the ground that the Plaintiff was in duplicate on the fourth unemployment recognition date (hereinafter “the unemployment recognition date”).

F. On October 28, 2013, the Plaintiff filed a request for review seeking revocation of original disposition with an employment insurance examiner, but was dismissed on January 9, 2014. On March 10, 2014, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee, but was dismissed on April 23, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 9 (including all of the virtual numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion is with the same year as August 29, 2013 at the Maritime Research Institute.

9.11. Overlapping assistance, however, will be practically employed.

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