1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff is operating the Busan Southern-gu C building and the EM branch office (hereinafter referred to as the "instant place of business") which is a selling company of teaching materials for young children in Busan-gu.

B submitted a written claim for verification of insured status on March 13, 2018, on the ground that “the head of the Busan Regional Employment and Labor Office entered the instant workplace on September 15, 2017 and retired from his/her office as a recommending agent on January 26, 2018” to the head of the Busan Regional Employment and Labor Office.

On April 16, 2018, the head of the Busan Regional Employment and Labor Agency decided to confirm the insured status of the employment insurance to be ex officio disposed of as “the date of acquisition of the insured status of the employment insurance under B, September 15, 2017”; “the date of loss; January 27, 2018”; and “the date of loss due to personnel reduction, etc. due to the necessity of management and the depression of the company.”

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a request for examination with an employment insurance examiner on April 24, 2018, but the said request for examination was dismissed on June 14, 2018.

On the other hand, pursuant to the proviso of Article 13(1) of the Administrative Litigation Act and Article 7 of the Addenda of the Employment Insurance Act (Act No. 16269, Jan. 15, 2019), the defendant succeeded to the qualification for defendant of the instant lawsuit.

[Reasons for Recognition] The Plaintiff’s disposition of this case as to the lawfulness of the instant disposition is unlawful for the following reasons, and thus, should be revoked.

The head of the Busan Regional Employment and Labor Agency did not request the Plaintiff to submit data or contact with the Plaintiff’s mobile phone prior to the instant disposition, and even if B did not notify the head of the Busan Regional Employment and Labor Agency of the telephone number of the instant workplace, making it impossible for the pertinent public official to visit the business site, the head of the Busan Regional Employment and Labor Agency rendered the instant disposition only with the false statement made by B, and thus, the instant disposition

B as an individual entrepreneur who belongs to the free occupation income group, concludes a contract with the Plaintiff and calculates his own account.