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. On November 11, 2010, while the Plaintiff was working in the two Industrial Infrastructure Co., Ltd. on July 21, 2010, the Plaintiff was diagnosed on July 26, 201, after being vaccinated for seasonal reading in accordance with the company’s guidelines, and was subject to the diagnosis on July 26, 201 (hereinafter “instant injury and disease”), and was approved for medical care by applying for medical care for the instant injury and disease on July 18, 2013.
B. On March 19, 2014, the Plaintiff filed an application for temporary layoff benefits (hereinafter “instant application”) with the Defendant from March 30, 2013 to February 21, 2014 (hereinafter “instant key period”). However, on June 13, 2014, the Defendant made a decision that the Plaintiff would pay temporary layoff benefits to the Plaintiff only six days of the actual number of Tongwons during the instant key period and pay the remainder of the period on the ground that he/she is eligible to be employed during the period of medical care (hereinafter “instant disposition”).
C. The plaintiff was dissatisfied with the request for examination but was dismissed.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, 13 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is under medical treatment, including the instant period from the date of the outbreak of the injury to the present time, but has not been protected, and it is difficult to find a job due to the instant injury.
Therefore, the Plaintiff received temporary layoff benefits for the entire key issues of the instant case, and thus, the instant disposition on a different premise is unlawful.
B. Temporary disability compensation benefits under Article 52 of the Industrial Accident Compensation Insurance Act are paid as compensation for benefits for the period during which a worker who was injured or affected by a disease was unable to work as a medical care due to an occupational reason. The term “period during which a worker was unable to work as a medical care” refers to the period during which the worker was unable to work as a worker was unable to work as a worker due to an occupational injury or disease, and thus, the wage is paid for which