2018Nu76110 Action demanding revocation of disposition, such as restrictions on the payment of unemployment benefits

A

Law Firm Multi-il, Counsel for the plaintiff-appellant

[Defendant, Appellant]

The Head of the Seoul Regional Employment and Labor Office Seoul Gangnam District Office

Seoul Administrative Court Decision 2017Gudan79199 decided November 21, 2018

April 9, 2019

June 4, 2019

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. On July 24, 2017, the Defendant’s order to restrict payment of job-seeking benefits, order to return KRW 9,632,00 to the Plaintiff, and order to additionally collect KRW 1,204,00,00, shall be revoked.

1. Quotation of the first instance judgment

The ground for the plaintiff's assertion in the trial court is not significantly different from the argument in the trial of the first instance, and even if the evidence submitted in the trial of the first instance is re-examineed, the judgment of the first instance court rejecting the plaintiff's assertion

Therefore, the court's explanation on this case is identical to the reasoning of the judgment of the court of first instance, in addition to the dismissal of part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the

C. Foods

A. The second 5th page “Around May 1, 2015” means “at the request of the Plaintiff around May 1, 2015”. (b) The second 9th page “ through the Internet” is directly present or via the Internet.

C. The last 9 to 10 forms of conduct are as follows. (4) The head of an employment security office, while paying job-seeking benefits, revealed awareness of the beneficiary's intention to receive job-seeking benefits, and thus, the payment of job-seeking benefits remains suspended after the attempt to receive the job-seeking benefits. In this regard, the main sentence of Article 61 (1) of the Act provides that "the job-seeking benefits shall not be paid from the date on which a person who received, or attempted to receive, unemployment benefits by fraud or other improper means is paid, on which he/she received, or attempted to receive, unemployment benefits" (the main sentence of Article 61 (1) of the Act provides that "the job-seeking benefits shall not be paid from the date on which the person who received, or attempted to receive, unemployment benefits by fraud or other improper means is difficult to be deemed to have a strong intention to receive the benefits, and therefore, Article 61 (2) of the Act limits the payment of job-seeking benefits for the relevant period subject to verification of unemployment benefits only in such cases."

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Han Young-young

1) On May 1, 2015, the first unemployment recognition date, the Plaintiff was present at the Seoul Gangnam Employment Center operated by the Defendant and applied for recognition of unemployment.

As a result, the Internet has been selected through the unemployment recognition method, and accordingly, the second unemployment recognition date between May 29, 2015 and the third unemployment recognition date, 2015.

6. On July 24, 2015, an application for recognition of unemployment was filed on the Internet. On July 24, 2015, the unemployment recognition date, the fourth unemployment recognition date was present at the Seoul Gangnam Employment Center;

The 5th through 9th unemployment recognition date after the change of the type of unemployment recognition in the form of attendance when establishing a plan for reemployment activities;

The South Employment Center was present at the Employment Center and applied for unemployment recognition.