(영문) 부산고등법원 2015.2.4. 선고 2014누22304 판결

On May 13, 2014, the Defendant’s disposition of partial payment of the childcare leave benefits to the Plaintiff is revoked. 2. The purport of the appeal is to revoke

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of the lower court’s judgment as to this case is consistent with the reasoning of the first instance judgment, except for the addition of the judgment on the Defendant’s assertion as set forth in paragraph (2) below, and thus, the same is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Additional judgment on “A person who intends to obtain childcare leave shall apply for benefits within 12 months from the first one month after the commencement of the childcare leave (Article 70(2) of the Employment Insurance Act). An administrative agency shall make a site determination on an application for childcare leave for longer than the above period. The Plaintiff’s period of childcare leave from October 17, 201 to October 16, 201 shall be at least until October 16, 2013, but the Plaintiff’s return of childcare leave should be made only on April 23, 2014, and thus, the disposition of this case shall be lawful. The Defendant’s aforementioned assertion was not included in the grounds for the initial childcare leave, and as seen earlier, the Plaintiff’s application for childcare leave for more than 2 years from December 8, 2011 to October 16, 2012 should be determined on the basis of the difference between the Defendant’s claim for childcare leave and the above childcare leave and the Defendant’s claim for childcare leave within 3 years.

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.