1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance, except where the defendant added the judgment as to the argument that the court rendered in this case to the court is identical to that of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. Additional determination

A. The Defendant’s assertion that onboard ship reserve personnel are ordinarily assigned to onboard ship reserve service is rarely determined by shipping companies, etc. to serve in onboard ship reserve service, and barring special circumstances, they are subject to service management by shipping companies even at the time of leaving a ship by repeating boarding and leaving a ship in accordance with the shipping company’s boarding plan. Thus, it should be deemed as a unpaid leave of absence, not by the time of leaving a ship but by the time of leaving a ship.

Therefore, the plaintiff who received job-seeking benefits after recognizing the period of leave as a unemployment does not meet the requirements for receiving job-seeking benefits under the Employment Insurance Act.

B. In full view of the following circumstances: ① onboard ship reserve personnel, upon entering into a labor contract with a shipping company at each time of boarding and leaving the ship, shall terminate the labor contract at each time of leaving the ship; ② the receipt of retirement corresponding thereto at each time of termination of each employment contract; ③ the payment of employment insurance premium is not made; ④ the vessel operation schedule is set by the shipping company; ④ the vessel operation schedule is set by the shipping company at each time of leaving the ship with high possibility of change; and the period can be prolonged regardless of the intention of onboard ship reserve personnel, as the next boarding and leaving the ship is not scheduled at each time of leaving the ship, the period after leaving the ship reserve personnel after leaving the ship shall be deemed as a unemployment condition, not a unpaid leave of absence.

Therefore, the defendant's above argument is justified.