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(영문) 서울고등법원 2017.07.12 2017누36924

재요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of part of the judgment of the first instance as set forth in the following paragraph (2). Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2.The following shall be added to the 4th page 18 of that part that is removed or added:

In addition, Article 52 of the Industrial Accident Compensation Insurance Act provides that "the suspension benefits shall be paid to a worker who suffers from an injury or a disease for the period during which he/she could not be employed as a medical care for the reason of his/her duties." Thus, whether to approve an employee's application for medical care benefits is a premise for the employee's right to claim for temporary disability compensation benefits, which is the same as the case of an application for additional medical care under Article 51 of the Industrial Accident Compensation Insurance Act as well as the first application for medical care, and thus, if the application for additional medical care is not approved, the right to claim for temporary disability compensation is not recognized."

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.