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(영문) 서울행정법원 2018.07.10 2017구단30606
실업급여지급제한, 반환명령 및 추가징수 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. On July 15, 2014, the Plaintiff retired from employment at B hospital, and on December 1, 2014, upon applying for recognition of eligibility for employment insurance benefits, recognized eligibility of KRW 210,000 for the fixed benefit payment days and KRW 40,000 for the daily benefit of job-seeking benefits, and received KRW 6,280,000 in total for job-seeking benefits for 157 days from December 8, 2014 to June 10, 2015 as follows.

Serial 1. The amount payable on December 15, 201, the date of the application for the recognition of unemployment (date of the recognition of unemployment) 1. 5. 20. 1. 20 from December 8, 2014 to December 15, 2014; 20,00 on December 15, 2015 from January 16, 2014 to 10. 5. 6. 15. 20, 205, 205. 6. 12. 1. 5. 20 from 205. 20, 205, 205, 205. 12. 5. 20 from 205 to 3. 15. 20, 2015, 205, 13. 15 to 20, 2015;

B. On January 12, 2015 and February 9, 2015, the second unemployment recognition date, the second unemployment recognition date of the Plaintiff, the Defendant confirmed that the Plaintiff had the Kank in Korea, staying in Thailand as of February 12, 2015, using the Plaintiff’s authorized certificate, apply for the recognition of unemployment for the second and third instances (hereinafter “instant application”) via the Internet, and that the Plaintiff received job-seeking benefits by “any false or other unlawful means” on the ground that the Plaintiff received job-seeking benefits. Based on the main sentence of Article 61(1) and Article 62(1) of the Employment Insurance Act, the Defendant additionally collected the total amount of job-seeking benefits paid upon the instant application and subsequent application, 5,960,000 (the sum of the two through seven job-seeking benefits), and 10,1000,000 won (the sum of the job-seeking benefits paid upon the instant application and subsequent application).

(1), (2), (3) All cases shall be referred to.

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