1. The decision of the court of first instance against the defendant in excess of the following portions shall be revoked, and such revocation shall be revoked:

Details of the disposition

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff’s assertion as to the lawfulness of the instant disposition is operated as the taxi commission scheme that pays part of the transport earnings to the company. As such, the average wage, which serves as the basis for calculating the daily amount of job-seeking benefits, includes transport earnings exceeding the taxi commission, and the labor contract written between the Plaintiff and the instant company, whose basic daily working hours are five hours. However, considering the Plaintiff’s form of work and the amount of taxi commission, the basic working hours specified in the labor contract are merely formal.

Therefore, the instant disposition is unlawful to have erroneously applied the average wage and contractual work hours.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

According to Article 45(1), (2), and (4) of the Employment Insurance Act, the daily wage, which serves as the basis for calculating job-seeking benefits (hereinafter “daily wage”) shall be the average wage calculated in accordance with Article 2(1)6 of the Labor Standards Act at the time of the most recent severance from employment related to recognition of eligibility for benefits under Article 43(1) (Article 2(1)); if the above average wage is less than the ordinary wage of the relevant worker under the Labor Standards Act, the ordinary wage shall be the daily wage (Article 2(2)); and if the daily wage calculated as above is less than the minimum daily wage per day prior to the severance from employment of the eligible recipient multiplied by the minimum hourly wage under the Minimum Wage Act applicable at the time of severance from employment (hereinafter “minimum daily wage”), the minimum daily wage shall be the daily wage (Article 45(4)).

In addition, according to Article 46 (1) of the same Act, in the case of Article 45 (1) and (2), the amount obtained by multiplying the eligible recipient's daily wage by 50/100, and Article 45 (4).