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(영문) 서울행정법원 2016.12.15 2016구단22080
실업급여 반환명령 및 추가결정처분 취소
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. After retirement from the National Assembly member on May 16, 2014, the Plaintiff applied for recognition of eligibility for employment insurance benefits to the Defendant on June 23, 2014, and recognized eligibility for benefits of KRW 180 days for the fixed benefit payment and KRW 37,512 for the job-seeking benefits. As follows, the Plaintiff received KRW 6,752,120 for eight times from June 30, 2014 to December 26, 2014 from the Defendant.

The amount of payment subject to unemployment recognition shall be from 1st day of 2014.06 to 307.07.07.07.07.07.08 to 2014.08.08.08 to 3014.08.08.05 to 2014.08.05 to 2014.07.1,05 to 305.07.1, 2014.5 to 2014.6.45 to 2014.6.7.4, 2015 to 207.4.4, 205 to 2014.6.4, 2015 to 205.6.4, 2014, 2015 to 2014.6.4, 2014.

B. On September 10, 2015, the Defendant issued an order to return KRW 1,050,30,030,000, including the amount of 37,510,000 received unlawfully pursuant to Articles 61 and 62 of the Employment Insurance Act and Articles 81 and 93-2 of the Enforcement Decree of the same Act, and Articles 106 and 115-4 of the Enforcement Decree of the same Act, on the grounds that the Plaintiff received job-seeking benefits without filing a report, on October 25, 2014, while serving in the fifth unemployment benefit period (hereinafter “non-party company”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 8 and 9, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion is that the plaintiff did work only for the non-party company upon the request of the person who was known to the general public for the help and delivery of the day, and did not want to receive the benefits from the beginning, and the amount received is only KRW 70,000,000.

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