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(영문) 전주지방법원 2020.11.05 2019구합3145
고용보험구직급여수급자격불인정처분취소
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 March 1, 1991, the Plaintiff was appointed as a managing director on March 30, 2002 and was registered as a director on the corporate register of the instant workplace, while serving as the managing director at the B Co., Ltd. (hereinafter “instant workplace”). On March 29, 201, the Plaintiff retired from the instant workplace at the expiration of the term of office on March 29, 2014.

B. On January 1, 1998, the Plaintiff acquired insured status of employment insurance with respect to the instant workplace, and on June 9, 2014, the same year as the Plaintiff’s against the Plaintiff.

3. On the other hand, the Plaintiff’s period of job-seeking benefits was postponed from March 31, 2014 to October 16, 2017 due to the Plaintiff’s disease or injury. Thereafter, on October 17, 2017, the Plaintiff provided labor to the Defendant from March 1, 191 to March 30, 2014, and retired from employment to the expiration of the term of office of executive officers.

"An application for recognition of eligibility for employment insurance" is "an application for recognition of eligibility for employment insurance."

AB made it.

C. On October 19, 2017 and on November 27, 2017, the Defendant requested the head of the Korea Workers’ Compensation and Welfare Service to process the certificate of severance against the Plaintiff. On December 7, 2017, the head of the said branch confirmed that the Plaintiff was not an employee and confirmed that the certificate of severance was impossible to process the certificate of severance.

On December 20, 2017, the Defendant issued a non-recognition of eligibility for employment insurance benefits to the Plaintiff on the ground that the Plaintiff is not recognized as an employee in the instant workplace.

E) On March 9, 2018, the Plaintiff filed a request for review with an employment insurance examiner on March 9, 2018, but the said request for review was dismissed on May 18, 2018. The Plaintiff filed a request for reexamination with the Employment Insurance Review Committee on August 13, 2018, but the said request for review was dismissed on July 12, 2019. [In the absence of any dispute over grounds for recognition, A, 1, 11, 29, and 29]

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