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(영문) 서울행정법원 2014.02.06 2013구합16241
고용보험피보험자자격취득처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 9, 2011, an attorney-at-law of the B law office (hereinafter “instant law office”) reported to the head of Seoul Regional Employment and Labor Office that “the Plaintiff acquired insured status as an employee of the instant law office on August 3, 2009 and retired from employment on August 9, 2011.”

B. On August 24, 2011, on the ground of severance from employment as of August 9, 2011, the Plaintiff obtained an application for recognition of eligibility for employment insurance against the Defendant for payment of KRW 150 days for the fixed benefit payment day, KRW 32,608, and received four times from August 31, 2011 to November 30, 201, job-seeking benefits amounting to KRW 2,99,980 for 92 days.

C. On September 16, 201, C submitted to the Seocho Employment Insurance Center a “self-declaration of false insurance reports” with the content that “the Plaintiff was not working for the purpose of wages, and the Plaintiff was not in a subordinate relationship with the employer, and reported falsely to the Plaintiff at the Plaintiff’s request.”

On January 27, 2012, the head of the Seoul Regional Employment and Labor Agency issued a survey report on the certificate of false report on the fourth insurance (hereinafter “instant notice”) to the Plaintiff stating that “The representative of the pertinent law office shall not be deemed an employee under the Labor Standards Act as a result of the survey upon the Plaintiff’s request for the cancellation of the insured status.”

E. On April 19, 2012, the Plaintiff filed a request with an employment insurance examiner to request that “the head of Seoul Regional Employment and Labor Office revokes the cancellation of the acquisition of insured status by the Plaintiff on January 27, 2012,” and the employment insurance examiner dismissed the Plaintiff’s request on November 9, 2012.

F. On February 7, 2013, the Plaintiff made a request for reexamination to the Employment Insurance Review Committee on the purport that “the notification of findings that the head of Seoul Local Labor Agency is not an employee under the Labor Standards Act that the Plaintiff was made on January 27, 2012 shall be revoked,” and the Employment Insurance Review Committee made on March 11, 2013 on the issue of whether the notification of this case is the Plaintiff’s employee.

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