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(영문) 서울행정법원 2015.09.16 2015구단55854
실업급여부정수급에관한결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On February 10, 2014, the Plaintiff retired from the office of Log F&D, and on February 24, 2014, upon applying for recognition of eligibility for employment insurance benefits to the Defendant, the Plaintiff recognized eligibility of KRW 150 days for the fixed benefit payment and KRW 40,000 for the job-seeking benefits from March 3, 2014 to July 30, 2014, and received KRW 6,000,000 as follows.

The amount payable for the period subject to the recognition of unemployment (date of the recognition of unemployment) on March 10, 201 on March 3, 2014; from March 3, 2014 to March 10, 2014; from March 2, 2014 to April 7, 2014; from March 11, 2014 to April 7, 2014; from April 7, 2014; from April 3, 2016, May 3, 2016 to May 3, 2014; from May 3, 2016 to May 4, 2014; and from May 2, 2014 to May 3, 2014; from May 2, 2014 to May 3, 2014; and from May 21, 2014 to May 31, 2014 to May 31, 2014

B. On January 8, 2015, the Defendant issued a disposition to order the Plaintiff to pay unemployment benefits pursuant to Articles 61 and 62 of the Employment Insurance Act on the ground that the Plaintiff was employed by Company B (hereinafter “instant company”) on July 15, 2014 during the period of unemployment benefits, and received unemployment benefits unlawfully without filing a report, and to return the amount of unemployment benefits received and to pay the amount additionally collected (=a total of KRW 1,840,000 (=a total of KRW 640,000 for additionally collected amount of 640,000 for 640,000 won for misappropriation).

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] without dispute, entry in Gap evidence 9, Eul evidence 1, 2, 3, and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On July 15, 2014, the Plaintiff asserted that the Plaintiff would work for the instant company from August 2014 to August 1, 2014, with a monthly wage of KRW 1 million, which is the actual representative of the instant company, and that the Plaintiff would work for the instant company temporarily from July 2014, but the monthly salary was from August 200 to August.

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