보험급여일시지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a Chinese national employee, and suffered occupational accidents on December 16, 201.
B. On September 23, 2013, the Plaintiff applied for a lump-sum payment of insurance benefits to the Defendant on September 23, 2013, under Article 76 of the Industrial Accident Compensation Insurance Act, while receiving medical care benefits, such as “unexplosive brain damage, plehion 1-4 crossings, 2ndrehion sus lup, lups, lups, and mups (hereinafter “approval-related disease”).
C. On November 4, 2013, the Defendant rendered a decision to temporarily pay the insurance benefits of KRW 10,772,775,770, total amount of KRW 83,095,970 (=2,857,680 + 69,465,520 + 10,770 + 10,772,770) with respect to the Plaintiff as temporary layoff benefits, disability benefits 69,520, and the healing date “the healing date is December 15, 2013”
The part of the decision of lump-sum payment of insurance benefits is "the disposition of this case".
(ii) [based on recognition] unsatisfy, entry in sub-paragraph (ii) of sub-paragraph (ii) and the purport of the whole pleadings;
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion requires continuous medical treatment and nursing due to an approved injury and disease until the time of death, and subsequent medical care benefits, such as medical treatment and inspection expenses, medicine expenses, purchase expenses of assistive devices, and nursing expenses, should be included in the scope of lump-sum payment of insurance benefits.
Without physical appraisal, the instant disposition based only on the medical opinion of advisory doctors belonging to the defendant is unlawful.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. 1) According to Article 5 subparag. 4 of the Industrial Accident Compensation Insurance Act, “cure” refers to a case where an injury or disease is completely cured, or the effect of treatment is no longer expected, and the symptoms thereof are fixed, and a case where only the treatment is needed to prevent the relaxation of pain or the aggravation of fixed symptoms, rather than the treatment to defend the injury or disease, can no longer be expected (see Supreme Court Decision 2009Du7332, Sept. 10, 2009).