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(영문) 울산지방법원 2015.06.18 2012구합2317
실업급여지급제한,반환명령 및 추가징수결정처분취소
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. The Plaintiff is working for a new-name taxi company (hereinafter “non-party company”) located in 224-7, Dong-dong 224-7, Chungcheongnam-si, Kim Jong-si.

On May 31, 2011, retirement was made.

B. On July 4, 2011, the Plaintiff applied for the payment of job-seeking benefits to the Defendant, and received KRW 5,598,720 from the Defendant for unemployment benefits equivalent to 180 days of the prescribed working days based on KRW 31,104 of the job-seeking benefits amount.

C. However, on January 25, 2012, the non-party company submitted to the Defendant a “report on Correction of Insured Status” with the content that the Plaintiff changed the contractual work hours from eight to four hours, and on March 8, 2012, the Defendant corrected the contractual work hours of the daily amount of job-seeking benefits, which served as the basis for unemployment benefits, to 15,52 won, 4 hours, following the Plaintiff’s correction report, and issued a disposition of ordering return of KRW 2,79,360, out of the unemployment benefits paid.

(hereinafter “instant disposition”) D.

On March 9, 2012, the Plaintiff served the instant disposition and thereafter appealed, and requested an examination to the Defendant on April 12, 2012, but the Defendant decided to dismiss the Plaintiff on May 15, 2012. On July 3, 2012, the Plaintiff filed a request with the Employment Insurance Review Committee for reexamination, but the said Committee dismissed the Plaintiff on August 22, 2012.

E. Meanwhile, the main contents of the wage agreement concluded between the non-party company and its labor union at the time the Plaintiff retires from the non-party company are as follows.

Article 3 (Types of Work) In principle, a daily holiday work shall be performed for 12 days on a daily basis.

(Provided, That the daily contractual work hours shall be 08:00 and the final work hours shall be 24:00, and the daily contractual work hours shall be 4 hours.

Hours except for contractual work hours shall be used by workers for free, rest, etc.

Article 5 (Systems of Wages) The wage system of drivers shall be based on regular pay rise (basic pay and allowances).

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