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(영문) 서울고등법원 2017.11.15 2017누63834

휴업급여부지급처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

Reasons

Basic Facts

On September 28, 2003, the Plaintiff recognized the first approved injury and disease (hereinafter “instant first approved injury and disease”), such as blood species, blood species on the right side, blood transfusions to the right side, stoke fever to the right side, stoke fever to the right side, stoke fever to the right side, stokeitis to the right side, and stokeitis to the right side. The Plaintiff first received medical care for the said first approved injury and disease from September 28, 2003 to April 7, 2008.

On July 12, 2007, the Plaintiff was diagnosed as “the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-holder

However, the defendant filed a lawsuit seeking the revocation of the above non-approval disposition, and the plaintiff's winning judgment became final and conclusive on February 28, 2013.

(Seoul Administrative Court Decision 2009Gudan7342, Seoul High Court 2010Nu36512). Accordingly, on March 27, 2013, the Plaintiff filed a claim against the Defendant for the payment of temporary layoff benefits from April 8, 2008 to March 25, 2013 (hereinafter “instant request period”). On April 18, 2013, the Defendant issued a disposition that the Plaintiff would not pay temporary layoff benefits (hereinafter “instant disposition”).

On July 18, 2007, when the Plaintiff was receiving medical care for the first approved injury and disease of this case, the Plaintiff was diagnosed as to the instant additional injury and disease.

The plaintiff's director of the hospital B was diagnosed that the plaintiff needs medical treatment for three weeks after the operation and rehabilitation movement for about six months.

On April 7, 2008, the Plaintiff’s clinic completed the treatment of the instant additional injury and disease.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7 through 10, 17 (including each number, if any) and the purport of the whole pleadings.