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(영문) 서울고등법원 2020.04.10 2019누59242

휴업급여일부부지급처분취소

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1. On the basis of a claim for an exchange change in the trial, temporary layoff benefits granted by the Defendant against the Plaintiff on December 9, 2019.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in full recognition of Gap evidence Nos. 1, 2, 5 through 9, Eul evidence Nos. 1 through 6, 8, 9 (including the number of branch offices), and the results of the court of first instance’s entrustment of the examination of medical records to the E Hospital Head of the E Hospital at the court of first instance, with the overall purport of

[1] The Plaintiff, as a worker of the Plaintiff Company B, worked as a mining field from September 1995 to December 2009.

On July 13, 2015, the Plaintiff was diagnosed as “the power divers to the fest dives of the fested dives of the fested dives,” and on December 1, 2015, obtained medical care approval for the said sick and wounded on September 12, 2016, and completed medical care for the said sick and wounded.

On September 22, 2016, the Plaintiff filed a claim for disability benefits and received disability benefits of KRW 9,441,680 on November 14, 2016.

[2] On June 21, 2017, the Plaintiff was inspected by the D Hospital located in the East Sea and received a statement of opinion on additional medical care (Evidence B).

Then, on July 6, 2017, the Plaintiff received an additional medical opinion (Evidence B No. 3) from the same hospital.

On July 18, 2017, the Plaintiff filed an application for additional medical care (Evidence 6) with the Defendant from June 21, 2017 to April 29, 2018 on the ground that “the ionion of the preceding floor in the direction of the earth,” “provoking of the collision between the direction of the earth,” “expanion of the other side in the direction of the two sides,” and “the Defendant applied for additional medical care (Evidence 5).”

On February 21, 2018, the Defendant approved the 4 soldiers’ additional medical care (Evidence A 7) as additional injury and disease, excluding the “infection in the side direction of the two sides”, “in the front floor of the opening of the opening of the field,” “in the face of the collision between the field and the direction of the two sides,” and “in the outside of the upper part, the additional medical care was rendered.”

[3] After that, on December 20, 2018, the Plaintiff filed a claim for temporary layoff benefits (No. 5) against the Defendant on the ground of the injury and disease approved as an additional injury and disease (hereinafter “instant injury and disease”). From September 13, 2016 to December 20, 2018, the Plaintiff filed a claim for temporary layoff benefits (No. 5) with the Defendant.

The defendant on January 3, 2019 prior to the approval of the above additional illness.