The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Regarding the requirement to receive childcare leave benefits on the premise that childcare leave benefits are limited, refund order, and additional collection

A. We examine the statutory provisions related to childcare leave benefits, etc. applicable to labor relations between individuals.

(1) Article 19(1) of the former Equal Employment Opportunity and Work-Family Balance Assistance Act (amended by Act No. 12244, Jan. 14, 2014; hereinafter “Equal Employment Opportunity Act”) which aims to realize equal employment for both genders through the protection of motherhood and the promotion of female employment, and support for work-family balance between workers, etc. shall be permitted where a worker applies for temporary retirement (hereinafter “childcare leave”) to raise his/her pre-school children (including adopted children) younger than six years old: Provided, That this shall not apply to cases prescribed by Presidential Decree.

(2) Article 70(1) of the former Employment Insurance Act (amended by Act No. 12323, Jan. 21, 2014; hereinafter “Employment Insurance Act”) provides that the Minister of Employment and Labor shall pay childcare leave benefits to persons who meet certain requirements among the insured workers granted childcare leave under Article 19 of the Equal Employment Opportunity Act for at least 30 days (excluding the period overlapping with 90 days of maternity leave under Article 74 of the Labor Standards Act).

(3) Meanwhile, Article 73(3) of the Employment Insurance Act provides for the grounds for restrictions on the payment of childcare leave benefits by preventing a person who received, or attempted to receive, childcare leave benefits from the date when he/she received, or attempted to receive, such benefits.

In addition, Article 74(1) of the Employment Insurance Act shall apply mutatis mutandis to Article 62(1), and the head of an employment security office shall receive childcare leave benefits by fraud or other improper means.