1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On September 10, 2009, the Plaintiff has been working for B Co., Ltd. (hereinafter “instant company”).

B. On February 18, 2013, the Plaintiff filed an application for recognition of eligibility for employment insurance benefits with the Defendant on the ground that he/she retired from employment on January 15, 2013 from the instant company. Upon recognition of eligibility for benefits of KRW 150 days for fixed benefit payment and KRW 34,992 for daily benefit payment, the Plaintiff received payment of KRW 5,248,70 on six occasions from February 25, 2013 to July 24, 2013.

C. On January 9, 2014, the Defendant issued an order to restrict the payment of unemployment benefits, to return job-seeking benefits to the Plaintiff KRW 5,248,770, and to additionally collect the amount equivalent to the same amount, on the ground that the Plaintiff applied for unemployment benefits in the instant company, even though he/she continued to work in the instant company, and applied for unemployment benefits unlawfully.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 3, Eul evidence Nos. 1, 2, and 10, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff continued to work in the company of this case for the purpose of receiving overdue benefits at the time of the recommendation agency, and acted as if other members were absent from office. The money deposited by the company of this case to the plaintiff passbook was paid the wages in arrears and part of the allowances in arrears as above, and since the plaintiff did not work when other employees are discovered or seen, it cannot be deemed as a work impeding employment since the plaintiff did not work in the company of this case. Thus, the disposition of this case is unlawful due to erroneous determination of facts.

(b) The attached Form of relevant statutes is as follows.

C. According to Article 47(1) of the Employment Insurance Act and Article 69(1) of the Enforcement Decree of the Employment Insurance Act, eligible recipients work during the period subject to recognition of unemployment.