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(영문) 대전지방법원 2014.10.02 2014구합100909
실업급여 지급제한, 반환명령 및 추가징수 결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The following facts may be acknowledged if there is no dispute between the parties, or if the whole purport of the pleadings is added to the statements in Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 through 4, 9, and 10:

On August 31, 2012, the Plaintiff served as a teacher ( professor) of the B University Industry-Academic Cooperation Foundation and retired from office on August 31, 2012, and around that time, the Plaintiff was commissioned as a part-time lecturer of the B University in charge of the subjects of “C”.

On December 26, 2012, the Plaintiff submitted an application for recognition of eligibility under the Employment Insurance Act (hereinafter “instant application”) to the Defendant on January 7, 2012, after completing the sexual treatment of the students in the above veterinary industry. The “unemployment” column adjacent to the “current employment status” in the instant application was indicated as Inclusion”, and the “the name of the last place of business” column as “B University Industry-Academic Cooperation Foundation” and “the date of leaving employment of the last place of business” as “ August 31, 2012” respectively.

The Plaintiff was recognized as eligible for benefits of KRW 40,000 for 120 days of the prescribed number of days of benefits and the daily amount of job-seeking benefits, and received job-seeking benefits of KRW 140,000,000 from January 14, 2013 to February 18, 2013.

On June 17, 2013, the Defendant issued an order to restrict the payment of job-seeking benefits, to return job-seeking benefits, 1440,000 won received, and to additionally collect the same amount on the ground that “the Plaintiff was employed as a part-time lecturer at the pertinent university at the time of the submission of the instant application, and thus did not meet the eligibility for job-seeking benefits, even if it was falsely reported as an unemployment

hereinafter referred to as "disposition of this case"

In light of the purport of the Plaintiff’s assertion and determination, the appointment period of a part-time lecturer of the second semester of 2012 against the Plaintiff was expired on December 12, 2012 when the lecture is terminated, and thus, the Plaintiff was unemployed at the time of submission of the instant application.

Therefore, the Plaintiff received job-seeking benefits by fraud or other improper means.

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