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(영문) 대전지방법원 2015.12.09 2015구합327
실업급여 지급제한, 반환명령 및 추가 징수처분 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 September 30, 2013, the Plaintiff left his/her job on the ground of “retirement due to other corporate conditions” in the case where he/she worked as a reporter from November 7, 2011 in C Co., Ltd. located in the mountain area of the mountain area, the Plaintiff left his/her job.

B. On October 16, 2013, the Plaintiff applied for recognition of eligibility for employment insurance benefits to the Defendant, thereby recognizing eligibility for benefits of KRW 120 days for fixed benefit payment and KRW 34,992 for job-seeking benefits. On October 23, 2013 to February 19, 2014, the Plaintiff received KRW 4,199,010 for 120 days through five times as follows.

The annual application date (date of unemployment recognition) is October 30, 2013: (a) from October 23, 2013 to October 30, 2013; (b) KRW 279,930 on October 27, 2013; (c) from October 31, 2013 to October 27, 2013; (d) KRW 979,70 on November 27, 2013; and (e) KRW 19.4 on November 27, 2013; and (e) KRW 19.4 on November 27, 2013 to 30.4 on November 27, 2013; and (e) KRW 19.4 on November 26, 2013 to 204 on November 28, 2013; and (e) KRW 18.4 on April 21, 2013;

C. On May 1, 2015, the Defendant issued an order to additionally collect KRW 279,930, and KRW 104 of the job-seeking benefits for the unemployment recognition from October 31, 2013 to November 7, 2013 from November 8, 2013 during the benefit period to February 19, 2014, and to additionally collect KRW 36,300,000 for supply and demand of job-seeking benefits from November 19, 2013 to February 19, 2014, and thus, violated Article 47 of the Employment Insurance Act because the Plaintiff failed to file a report thereon with the Defendant, and additionally collect KRW 105,00 for the total amount of job-seeking benefits from October 31, 2013 to November 19, 2013 to return KRW 104,369,160,105, and 106,105, and 105, of the Enforcement Rule of the same Act.

(hereinafter “instant disposition”) D.

On August 25, 2014, the Plaintiff filed a request for reexamination with the Employment Insurance Review Committee.

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