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(영문) 서울고등법원 2014.4.10. 선고 2013누47629 판결
고용보험조기재취업수당부지급처분취소
Cases

2013Nu47629 Revocation of revocation of the payment of early re-employment allowance

Plaintiff-Appellant

A

Defendant Appellant

The Head of the Seoul Regional Employment and Labor Office Seoul Northern Site

The first instance judgment

Seoul Administrative Court Decision 2013Guhap8745 decided August 27, 2013

Conclusion of Pleadings

March 20, 2014

Imposition of Judgment

April 10, 2014

Text

1. The defendant's appeal is dismissed.

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

Purport of claim

The defendant's refusal to pay early re-employment allowances against the plaintiff on February 20, 2012 is revoked.

Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. The grounds for this Court’s implementation concerning this case are as follows, and thus, the reasoning for the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

A. Once the first instance court rendered two, three, and four trials, “application for recognition of eligibility for employment insurance” refers to “an application for recognition of eligibility for employment insurance” in accordance with Articles 42 and 43 of the Employment Insurance Act and for recognition of eligibility for job-seeking benefits.”

(b) To acquire eligibility for employment insurance on April 7, 199 and delete “the same year during the benefit period” in parallel 2, 2, 15.

2. If so, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The assistant judge of the presiding judge;

Judges Hatho

Judges Kim Gin-han

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