2011Guhap7342 The revocation of the disposition of restricting unemployment benefits payment and returning order

A

The Administrator of the Seoul Regional Employment and Labor Office

July 14, 2011

August 25, 2011

1. On April 29, 2010, the Defendant’s disposition of restricting unemployment benefits payment and ordering return to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On August 23, 2009, the Plaintiff retired from Company B, and on October 26, 2009, applied for the Defendant’s eligibility for employment insurance benefits of KRW 150 days for the fixed benefit payment days and KRW 25,200 for the Defendant’s eligibility for benefits.

B. After recognition of the above eligibility for benefits, the Plaintiff received total of KRW 3,049,200 (121 minutes) from November 2, 2009 to March 2, 2010.

A person shall be appointed.

C. On April 29, 2010, the Defendant ordered the Plaintiff to suspend payment of unemployment benefits pursuant to Articles 61 and 62 of the Employment Insurance Act, and refund of KRW 730,800,00 of unemployment benefits from February 2, 2010 to March 2, 2010, on the ground that “the Plaintiff was employed as a bus safety of C Elementary School on the same day without reporting the employment fact at the time of applying for unemployment recognition, and constitutes a person who received job-seeking benefits by fraud or other improper means by receiving KRW 730,800 on the same day.” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry of Eul's evidence 1 to 9 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The parties' assertion

1) The plaintiff's assertion

On March 2, 2010, the Plaintiff was aware of how bus safety helpers work by boarding a bus at school in the process of providing practical training to determine whether to work as a bus safety helper, rather than providing labor. On March 2, 2010, the Plaintiff was confirmed to work normally on March 3, 201 of the same month, which is the date of receiving job-seeking benefits, and thus, it does not constitute a person who received job-seeking benefits by receiving job-seeking benefits without reporting employment on March 2, 2010, which is the date of receiving job-seeking benefits.

2) The defendant's assertion

On March 2, 2010, the period subject to the recognition of unemployment, the Plaintiff reported that he was not employed at the time of applying for the recognition of unemployment on the same day even though he was employed as a bus safety helper at C Elementary School on March 2, 2010, and received job-seeking benefits. Even if the Plaintiff did not think that he was employed merely due to the above A.M. work, the Plaintiff merely provided labor to the other party and did not think that he was employed, as long as one of the parties agreed to provide labor to the other party and the other party paid the remuneration, the employment form, method, type or name of the work becomes effective even if it is the job training period

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

C. Determination

Comprehensively taking account of the overall purport of arguments in Gap's Nos. 1, 2, 4, 5, and 6 (including the temporary number) and the purport of arguments, the plaintiff confirmed his/her work route and the bus safety helper on March 2, 2010. Since C elementary school prepared a labor contract on March 2, 2010 and reported the same contents to the competent labor office, it can be acknowledged that the plaintiff paid labor cost by calculating it on March 2, 2010 to the plaintiff on the same date as the 20th of the 20th of the 1st of the 2nd of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3rd of the 2nd of the 2nd of the 2nd of the 2nd of the 3rd of the 2nd of the 3rd of the 2nd of the 3rd of the 2nd of the 2nd of the 2nd of the 3rd.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

The assistant judge of the presiding judge;

Judges Calopics

Judges Kim Gin-hee

Relevant statutes

LUGY ACT

Article 37 (Kinds of Unemployment Benefits)

(1) Unemployment benefits are classified into job-seeking benefits and employment promotion allowances.

Article 40 (Eligibility Requirements for Job-seeking Benefit)

(1) Job-seeking benefits shall be paid when an insured worker who has retired from employment satisfies all the following requirements: Provided, That subparagraphs 5 and 6 shall apply:

Only those who were daily workers at the time of their final departure.

1. The insured worker's qualifying days in covered employment under Article 41 during the 18-month period up to the date of severance from employment (hereinafter referred to as "base period") shall be aggregated;

180 days or more;

2. Employment notwithstanding the intention to work and ability to work (including the case of engaging in a profit-making business); and

(n) An undeveloped state under this Chapter shall be the same.

3. The grounds for severance from employment shall not constitute grounds for restrictions on eligibility for benefits under Article 58;

4. The insured worker shall be actively seeking reemployment;

5. The number of days worked during the one-month period immediately before the date of applying for recognition of eligibility for benefits under Article 43 shall be less than ten days;

6. The insured worker's entitlement to benefits under Article 58 at any other business within 180 days in covered employment during the base period prior to the date of final severance from employment.

If the insured worker has retired from employment due to any cause set forth in this paragraph, at least 90 days during the insured worker's qualifying days in covered employment

They shall have worked as senior citizens;

Article 47 (Report of Work during Unemployment Recognition Period)

(1) An eligible recipient shall provide labor during a period for which he/she intends to obtain recognition of unemployment (hereinafter referred to as "period subject to verification of unemployment").

If any, report such fact to the head of the employment security office.

(2) The head of an employment security office shall, if deemed necessary, substitute an eligible beneficiary's provision of labor during the period subject to unemployment recognition.

(2) may conduct such investigation.

Article 61 (Restrictions on Benefits Due to Illegal Acts)

(1) Those who have received, or attempted to receive, unemployment benefits by fraud or other improper means shall be paid, after receiving, or receiving, such unemployment benefits.

Job-seeking benefits from the date when he/she intends to obtain such benefits: Provided, That a new eligibility for benefits exists after the severance from employment related to such benefits

The same shall not apply to new eligibility for job-seeking benefits.

(2) Notwithstanding the main sentence of paragraph (1), fraud or other improper means, failing to fulfill the obligation to report under Article 47 (1).

for reasons prescribed by Presidential Decree, such as false reports, job-seeking benefits shall be denied only during the period subject to the recognition of unemployment.

shall not be paid: Provided, That the main sentence of paragraph (1) shall apply where a violation is committed on at least two occasions.

(3) Any person who has received, or attempted to receive, unemployment benefits by fraud or other improper means shall be governed by paragraph (1) or (2).

Even if job-seeking benefits have been denied, in applying Article 50 (3) and (4), such job-seeking benefits shall be paid.

shall be deemed to have been received.

(4) Any person who has received, or attempted to receive, unemployment benefits by fraud or other improper means shall be governed by paragraph (1) or (2).

For the purposes of Article 63 (2), even if the job-seeking benefits have been denied, the number of days during which such benefits have not been paid.

They shall be deemed to have received job-seeking benefits.

Article 62 (Return Order, etc.)

(1) The head of an employment security office shall all of the job-seeking benefits paid by fraud or other improper means.

Ordering the return of all or part of a direct benefit may be issued in accordance with the standards prescribed by Ordinance of the Ministry of Employment and Labor.

An amount equivalent to the amount of job-seeking benefits received by fraud or other improper means may be collected.

section 1.

In the case of paragraph (1), a false or other unlawful means shall include a business owner (an agent or employee of the business owner).

(2) If a false report or certification is made, the employer shall be jointly and severally with the recipient of the job-seeking benefits.

shall be responsible for such act.

(3) The head of an employment security office shall provide job-seeking benefits mistakenly paid to a current or former eligible beneficiary, if any.

(2) The amount of the salary may be collected.

Enforcement Decree of the Employment Insurance Act

Article 69 (Provision of Labor, etc.)

(1) An eligible beneficiary who has worked in accordance with Article 47 (1) of the Act shall work first after the date on which he/she provided his/her labor.

An application for unemployment recognition filed with the unemployment recognition shall state such fact.

(2) Criteria for determining whether provision of labor under paragraph (1) constitutes employment shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 80 (Cheating Mitigation of Restriction on Payment of Job-seeking Benefits)

"Grounds prescribed by Presidential Decree" in the main sentence of Article 61 (2) of the Act means any of the following circumstances under which an eligible beneficiary falls:

(1) means the reasons under which the

1. The fact that a person provides labor during a period for which he/she intends to obtain unemployment recognition (hereafter in this Article referred to as "period subject to unemployment recognition");

Where he/she fails to report or falsely reports when applying for recognition of business;

2. Where, applying for recognition of unemployment, the details of reemployment activities are falsely reported during a period subject to recognition of unemployment.

Enforcement Rule of the Employment Insurance Act

Article 92 (Criteria for Recognition of Employment)

Pursuant to Article 69 (2) of the Decree, an eligible recipient shall be deemed employed in any of the following cases:

1. At least 60 hours a month (including cases where the contractual working hours a week are determined to be at least 15 hours a week);

(3) in the case of the supply of labor

2. Where a person provides his/her labor for at least three consecutive months for the purpose of his/her occupation.

3. Where a daily worker defined in subparagraph 6 of Article 2 of the Act provides his/her labor.

4. Wages that receive at least the amount determined by the Minister of Employment and Labor in any name, such as wages, in return for providing labor;

U.S.

5. A person who is engaged in a commercial, agricultural, or other family business (including an unpaid family worker), or participates in the business of another person to work;

Where it is deemed difficult to find regular employment in other projects as a provision.

6. Where he/she has registered his/her business under tax-related Acts (including filing a report on business suspension, even if he/she has registered its business);

In cases where it is proved that the real estate rental business has not any employee, and there is no rental office without employing any employee;

(except in the case)

7. Other cases where he/she is recognized as having been employed by social norms.

Article 104 (Standards for Issuing Order to Return Job-seeking Benefits Due to Illegal Acts)

The head of an employment security office shall receive job-seeking benefits under Article 62 (1) of the Act by fraud or other improper means.

A return shall be ordered to the person in accordance with the following guidelines:

1. He/she shall order to fully return job-seeking benefits received;

2. Notwithstanding subparagraph 1, a person who falls under any of the subparagraphs of Article 80 of the Decree (limited to one fraudulent act).

In the case of unemployment, only the job-seeking benefits received for the unemployment period recognized as such shall be ordered: Provided, That Article 2 of the Act shall be ordered.

Daily workers referred to in subparagraph 6 who have provided their labor and fall under the grounds referred to in subparagraph 1 of Article 80 of the Decree shall be the frequency of misconduct

All job-seeking benefits that have been paid for the unemployment period, regardless of their number, shall be ordered to be refunded.

3. Notwithstanding the main sentence of and the proviso to subparagraph 2, a person who falls under subparagraph 1 of Article 80 of the Decree is in office pursuant to Article 47 (2) of the Act.

Where the head of the agency for business stabilization voluntarily files a false report before he/she investigates the principal or the place of business;

In order to refund only the job-seeking benefits received after receiving unemployment recognition for days of providing labor during the period subject to unemployment recognition.

Of them, only one voluntary report shall be filed.

Article 105 (Additional Collection, etc. Due to Wrongful Acts)

(1) Additional collection under Article 62 (1) of the Act shall be the amount of job-seeking benefits received by fraud or other improper means.

10/100 shall be 100/100.

(2) Notwithstanding paragraph (1), any of the following persons may be exempted from additional collection:

1. A person who voluntarily reports an illegal act before investigating the offender himself/herself or his/her place of business;

2. A person who falls under any of the subparagraphs of Article 80 of the Decree (limited to one fraudulent act). The end;