산업재해사고 휴업급여 추가지급
1. All of the lawsuits filed by the plaintiff (the plaintiff) in the trial and the retrial of this case shall be dismissed.
2...
1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:
The Plaintiff was diagnosed by the superior chief and net fever (hereinafter “the instant injury and disease”) due to a shoulder certificate that occurred while working in B, and on April 16, 2018, the Plaintiff filed a claim for temporary layoff benefits (the first claim) for the portion of 730 days from August 1, 2016 to July 31, 2018 with the Defendant regarding the instant injury and disease, and received KRW 1,572,000 for temporary layoff benefits from August 2, 2016 to August 30, 2016 from the Defendant.
On May 2, 2018, the Plaintiff filed a second claim for temporary disability compensation benefits (the second claim) with the Defendant from August 1, 2016 to July 31, 2018, and received 35,207,040 won for temporary disability compensation benefits for 730 days from the Defendant’s first claim, 522 days (518 days from August 1, 2016 to December 31, 2017; 16, Jan. 16, 2018; 30, Jan. 30, 2018; 1.20, Feb. 1, 2018; 201; 207,40 won, excluding temporary disability compensation benefits paid to the Plaintiff by the Defendant upon the Plaintiff’s first claim.
B. On June 4, 2018, the Plaintiff filed a lawsuit against the Defendant seeking the difference between temporary disability compensation benefits payable based on a legitimate average wage and the temporary disability compensation benefits paid by the Defendant, as the Ulsan District Court Decision 2018Da16174, which was the basis for calculating the average wage, was erroneous in calculating the amount of the average wage, and was sentenced to a dismissal judgment on December 12, 2018.
C. The plaintiff appealed the above judgment and the appellate court was proceeding with the Ulsan District Court 2019Na10279. The above appellate court is only the following, where a person who intends to receive temporary disability compensation benefits under the Industrial Accident Compensation Insurance Act claims the Korea Workers' Compensation and Welfare Service to pay temporary disability compensation benefits, and the Korea Workers' Compensation and Welfare Service refuses it or only recognizes it as a part of it.