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(영문) 서울행정법원 2015.07.31 2015구단540

휴업급여부지급처분취소

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 September 22, 1993, the Plaintiff received medical care and temporary layoff benefits from the Defendant after being recognized as an occupational disease (hereinafter “the instant injury”). On July 31, 2014, the Plaintiff filed a claim for temporary layoff benefits against the Defendant during the period from July 1, 2014 to July 31, 2014 (hereinafter “the instant application period”).

B. On August 5, 2014, the Defendant: (a) deemed that “the Plaintiff may be employed after July 1, 2014; and (b) rendered a disposition to pay the site for temporary layoff benefits (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff could not be employed due to meconiums, meconiums, meconiums, skins, meconiums, etc., which are the side effects of meconiums for the treatment of the injury and disease of this case. The disposition of this case made on a different premise is unlawful.

B. (1) The Plaintiff’s genetic testing result (the quantity of genes causing the instant injury and disease) is as follows:

- April 12, 2010: 0.000 - January 17, 2011: 0.00875 - July 4, 2011: 0.018 - December 19, 2011: 0.0000 - June 4, 2012: 0.0000 - June 26, 2012: 0.000 - 0.01894 - May 13, 2013: 0.0679 - 0.00679 - 0.000: 0.000 - 0.000 2) with respect to the Plaintiff’s conditions of genetic testing from June 23, 2014 to the Plaintiff’s condition of genetic testing.

Due to the characteristics of the instant injury and disease, the Plaintiff must provide life extension treatment, such as taking lifelong air cancers.

It is impossible to return to the original workplace and perform duties, and partial employment is possible.

“The present condition of the Plaintiff is about 30 to 60 minutes in response to the inquiry of the fact by this Court, and it is possible to look at the volume of 30 to 60 minutes in light of this Court’s reply.

The Mesium, donation, skin, and fresh, etc. of the Plaintiff’s appeal are the side effects of air cancer and continue to be all-time only when air cancer treatment is continued;

part of employment.