1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 10, 2015, the Plaintiff: (a) filed an application for recognition of eligibility for employment insurance with the Defendant on August 6, 2015; and (b) received KRW 7,231,680 for job-seeking benefits for 180 days from August 13, 2015 to February 8, 2016.

From November 3, 2015 to February 8, 2016, the Defendant rendered a decision to restrict the payment of unemployment benefits to the Plaintiff and to order the return of KRW 4,660,390, and to additionally collect KRW 3,937,220, on June 29, 2016, on the ground that the Plaintiff received job-seeking benefits without reporting despite the Plaintiff’s provision of labor in the Mosel D, in spite of the fact that the Plaintiff had provided labor in the Mosel located in Mos

(2) The lower court determined that: (a) the Plaintiff was dissatisfied with the instant disposition and filed a request for examination with an employment insurance examiner on August 8, 2016; (b) but was dismissed on October 26, 2016; and (c) filed a request for reexamination with the Employment Insurance Review Committee on January 26, 2017, but was dismissed on March 8, 2017.

[Ground of recognition] A without dispute, written evidence Nos. 2, Eul Nos. 1, 2, 4, 5, 8, and 10 (including serial numbers), and the purport of the entire pleadings as to whether the disposition of the instant case is legitimate, the Plaintiff asserted that the disposition of the instant case is legitimate. The Plaintiff did not provide labor or have not provided labor or have not been employed for 2-30,000 won on the following grounds: (a) 2/15 of November 2, 2015 to March 12, 2016; and (b) 3/30,000 won on the ground that he was provided with an occupation certificate; and (c) 2/30,000 won on the basis of a tea.

Therefore, the instant disposition taken on a different premise is unlawful.

Judgment

1. According to Article 47(1) of the Employment Insurance Act and Article 69(1) of the Enforcement Decree of the Employment Insurance Act, where an eligible recipient has provided labor during the period subject to verification of unemployment, he/she shall report to the head of an employment security office, stating the fact in the first application for verification of unemployment within unemployment recognition after the date he/she provided labor, and shall pay job-seeking benefits to a person who has received, or attempted to receive, unemployment benefits by