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(영문) 서울행정법원 2015.07.03 2013구단53168

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 May 10, 1981, while working in B from May 12, 1980, the Plaintiff was subject to occupational accidents on May 10, 1981, and received the lump sum payment of disability corresponding thereto on January 15, 1982 under the Defendant’s approval.

B. From September 29, 2010, the Plaintiff filed a claim for temporary disability compensation benefits for the period from August 6, 2012 to August 31, 2012 (hereinafter “instant period of medical care”) out of the additional medical care due to the aggravation of symptoms of “foreign Madcheon Madcheon” (hereinafter “the instant injury”). On August 10, 2012, the Defendant recorded that “the Plaintiff was able to receive normal employment treatment according to the medical treatment plan submitted on July 25, 2012,” and the treatment of the secondary infection was completed, and there is no objective basis for which the Plaintiff was unable to work due to there was no medical record of the medical treatment.”

[The facts that there is no dispute over the basis of recognition, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is against the Defendant’s disposition of this case, which paid temporary layoff benefits on the day of treatment on the premise that it is possible to receive employment treatment, on the other hand, under the premise that all of the period of temporary layoff benefits should be paid, since the Plaintiff is a person who is equivalent to 100% of the labor force loss ratio due to class 3 of the disability grade (class 5, snow name 8, and 9), and whose remaining period is the site of temporary layoff benefits.

(b) medical opinions;