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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. On October 24, 2012, Plaintiff A applied for recognition of eligibility for employment insurance benefits to the Defendant on the ground that Plaintiff Daisan Telecom Co., Ltd. (hereinafter “Plaintiff Daisan Telecom”) retired from office as of September 30, 2012, and obtained recognition of eligibility for employment insurance benefits of KRW 210 days for the fixed benefit payment days and daily amount of job-seeking benefits of KRW 38,327 (B), and was paid KRW 5,659,090 for 148 days from October 31, 2012 to March 27, 2013.
B. On February 18, 2014, the Defendant rendered a decision to restrict the payment of unemployment benefits, order to return KRW 5,659,090, and additional collection of KRW 5,659,090, on the ground that “Plaintiff A provided labor by re-employment to Plaintiff Daisan Telecom from October 10, 2012, after having reported unemployment, after having reported unemployment.”
(hereinafter “Disposition of Return, etc. of this case”)
In addition, on February 18, 2014, the Defendant decided to jointly and severally return the Plaintiff’s illegal receipt of job-seeking benefits and the amount additionally collected on the ground that the Plaintiff actively participated in the Plaintiff’s wrongful receipt of job-seeking benefits, such as falsely reporting employment insurance by making the Plaintiff’s re-admission date on April 1, 2013.”
(hereinafter “Disposition of Joint Return of this case”). / [Grounds for Recognition] / [In the absence of dispute, Gap evidence Nos. 3, 7, Eul evidence Nos. 1, 2, and 4, and the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. Regarding the plaintiffs' claims that dispositions such as the return, etc. of the defendant's main defense of this case and the joint and several returns of this case are unlawful, the defendant's assertion that the lawsuit of this case should be revoked is filed with the lapse of the filing period, and thus, it is unlawful and dismissed.
B. Article 18(1) of the Administrative Litigation Act provides that a revocation lawsuit may be brought without going through a case where it is possible to bring an administrative appeal against the pertinent disposition in accordance with the provisions of the law.
provided, however, that it is other.