휴업급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. During the work on September 28, 2003, the Plaintiff was recognized as a wound (hereinafter “the first approved wound in this case”) such as the blood species on the right side, the blood species on the right side, the blood species on the right side, the blood fever on the right side, the net fever with the upper part on the right side, the high part on the right side, the high part on the right side, the erode of weight, the right shoulder, and the right control infection. The Plaintiff provided first medical treatment as to the above first approved wound from September 28, 2003 to April 7, 2008.
B. On July 12, 2007, the Plaintiff diagnosed “the right to the right to the end of the probationary check, and the right to the shoulder sponse sponse sphere sphere sphere sphere sphere sphere sphere sphere (hereinafter “the instant additional injury”).
However, on February 28, 2013, the judgment of the plaintiff was affirmed on February 28, 2013 by filing an administrative litigation (Seoul Administrative Court 2009Gudan7342, Seoul High Court 2010Nu36512) seeking the revocation of the above non-approval disposition.
C. 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”).
【Recognition of Fact-finding】 The fact that there is no dispute, Gap's No. 1, 3, 5, 7 through 10, 17, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion (i.e., the plaintiff's assertion) received medical care in hospital and home until he/she is recognized as the additional disease of this case through administrative litigation. The plaintiff could not be engaged in business for medical care during the period of request of this case. Thus, the defendant should pay temporary disability compensation benefits to the plaintiff during the above period of request.
Therefore, it will not pay temporary layoff benefits to the plaintiff.