휴업급여일부미지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 31, 2015, the Plaintiff: (a) was a person who had worked as a mountain father in the coal mine for approximately 25 years; (b) was diagnosed by the B University Hospital in the name of the “Sew-to-Sew-Se-Se-Se-Se-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S
B. On the other hand, on October 12, 2017, the Plaintiff filed a claim for temporary layoff benefits against the Defendant from April 1, 2016 to December 30, 2016. On November 14, 2017, the Defendant decided to pay part of the temporary layoff benefits equivalent to the Plaintiff’s total number of days of actual circulation during the pertinent period for which the Plaintiff requested temporary layoff benefits (hereinafter “instant request period”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2 and 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion recognized only the date of Plaintiff’s visit to the hospital as the period of suspension of business within the period of request. However, during the period of request of this case, the Plaintiff included the period for which the Plaintiff was unable to find a job due to the Plaintiff’s home. As such, the entire period of request of this case should be considered as the period during which the Plaintiff
Therefore, on a different premise, the Defendant’s disposition that paid temporary disability compensation benefits only during a part of the period of request is unlawful.
B. "The period of absence from employment due to medical care prescribed in Article 52 of the Industrial Accident Compensation Insurance Act, which prescribes that a worker who is under medical care due to occupational injury shall be paid temporary layoff benefits in order to guarantee the minimum living of his/her family members" means the period of worker's medical care due to occupational injury.