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(영문) 서울고등법원 2018.07.03 2017누88291
실업급여반환처분 취소청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the part added or added below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following shall be added at least 4 pages 11 of the judgment of the first instance:

1) The defendant asserts that, in light of the fact that the onboard ship reserve service is ordinarily determined by the shipping company, etc. to serve in onboard ship reserve service and that, barring special circumstances, the onboard ship reserve service provider is engaged in mobile service according to the boarding plan of the shipping company, etc., repeated boarding and leaving a ship and sending a leave from the land to the next boarding, it cannot be deemed as unemployed because the plaintiff entered into a formal labor contract from the boarding to the leaving of a ship and did not enter into a labor contract during the period from the land to the leaving of a ship, and that it is only during the unpaid leave period. However, according to the overall purport of the statements and arguments in evidence Nos. 11, 12, 13, and 14, in the event that the plaintiff is employed in a small and medium shipping company as the plaintiff, the contract conclusion is terminated at the time of leaving a ship, and that the onboard ship reserve service provider is not paid the employment insurance premium after leaving a ship for every three years, it is reasonable to deem that the plaintiff and the same onboard ship reserve service provider "2" under the above 2.

hereinafter the same shall apply.

"Enforcement Decree of the Military Service Act" is prescribed by Presidential Decree No. 27620 on November 29, 2016 of the Enforcement Decree of the former Military Service Act.

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