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(영문) 서울고등법원 (춘천) 2018.08.20 2018누437
조기재취업수당부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s early re-employment allowance against the Plaintiff on October 17, 2013.

Reasons

1. As to the grounds of the judgment of this court which partially accepted the judgment of the court of first instance, “1. The grounds of the disposition of this case” from “the grounds of the disposition of this case”

A. The plaintiff's assertion;

B. To the extent of the relevant statutes, the relevant part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the relevant judgment (Articles 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The portion different from the judgment of the court of first instance

C. Determination 1) Article 64(1) of the Employment Insurance Act provides that “The early re-employment allowance shall be paid if an eligible recipient re-employments in a stable occupation or engages in a profit-making business, and the standard prescribed by Presidential Decree is met.” Accordingly, the former Enforcement Decree of the Employment Insurance Act (amended by Presidential Decree No. 25022, Dec. 24, 2013; hereinafter “Enforcement Decree”).

Article 84(1) of the Act provides that early re-employment allowances shall be paid in cases where an eligible recipient is re-employed for at least 30 days after the waiting period prescribed in Article 49 of the Act and the fixed benefit payment days prescribed in Article 50 of the Act remain for at least 30 days prior to the date of re-employment (Article 84(1) of the Act) or “where an eligible recipient continues to engage in business for at least six months” (Article 6(2)). The purpose of early re-employment benefits is to minimize the actual period of job-seeking benefits and encourage stable re-employment by paying money equivalent to a certain percentage of the unpaid part of the fixed benefit payment days, regardless of the type of employment, in cases where the eligible recipient becomes able to obtain income by re-employment in a stable manner, regardless of whether he/she is re-employed or is engaged in business,” as prescribed by Article 84(1) of the Enforcement Decree (Article 84(1) of the Act.

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