Cases
(original)2018Nu10524 restrictions on the payment of unemployment benefits, orders for return, and additional collection disposition;
SectorCancellation
Plaintiff Appellant
A
Law Firm Changwon, Attorneys White-Gyeong et al., Counsel for defendant-appellant
Defendant Elives
Head of the Tong Office of Busan Regional Employment and Labor Office
The first instance judgment
Changwon District Court Decision 2017Guhap51691 Decided April 18, 2018
Conclusion of Pleadings
August 29, 2018:
Imposition of Judgment
October 10, 2018
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance is revoked. The Defendant’s revocation of the restriction on the payment of unemployment benefits, the order to return, and the disposition of additional collection against the Plaintiff on November 16, 2016.
Reasons
1. Quotation of the first instance judgment
The court's reasoning concerning this case is as follows. Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act accept it as it is (Article 420 of the Civil Procedure Act) (Article 8 (2) of the judgment of the court of first instance (Article 8 (2) of the Administrative Litigation Act) and Article 420 of the Civil Procedure Act (Article 16 (1) of the witness G of the court of first instance as it appears to conform to the plaintiff's argument that the plaintiff "in the statement (Evidence No. 5)" was operating in the workplace of this case registered in the name of G from March 3, 2016 to July 28, 2016. At that time, G was living in Busan and entered in the workplace of this case, and it is difficult to find that the plaintiff's testimony and evidence were Korean director "K" as it is difficult to find facts and evidence as it is, in light of the plaintiff's legitimate assertion and evidence.
2. Conclusion
Therefore, the judgment of the first instance court is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges
The presiding judge, the senior judge
The transfer of judge
Judge Lee Jin-hun