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(영문) 서울행정법원 2014.09.02 2012구단20512

휴업급여일부부지급처분취소

Text

1. On July 25, 2012, the Defendant: (a) rendered interim payment of temporary layoff benefits against the Plaintiff on December 29, 2009 to April 11, 2010.

Reasons

1. Details of the disposition;

A. On February 28, 1999, while a door mold was installed at the construction site, the Plaintiff was involved in an accident suitable for the left eye, and the Plaintiff applied for medical treatment from August 13, 2009 to October 1, 200 after obtaining occupational approval, and received medical treatment from March 1, 199 to October 1, 200. The Plaintiff applied for medical treatment from July 13, 2009 to 100, while receiving additional medical treatment due to symptoms of April 26, 2005, such as “high pressure and melting house,” and it is necessary to perform medical treatment due to an increase of internal pressure on the left eye during the period from August 13, 2009 to 109, the Defendant applied for medical treatment for the remainder of the period from August 1, 2009 to 109 to 100,000.

On December 29, 2009, the Plaintiff filed an application for re-treatment with the Defendant for re-treatment on the following grounds: (a) the Plaintiff applied for re-treatment on the following grounds: (b) the Plaintiff applied for re-treatment to the Defendant: (c) on January 19, 2010: (a) on the ground that “The Plaintiff received two occasions of each gymmetric surgery, even if he/she received each gymmetric surgery, he/she is judged to have fixed symptoms because there is no possibility of re-treatment, such as recovery of eyesight; and (d) it is determined that the gymical surgery is possible by re-treatment, and thus the need for re-treatment is not recognized.”

B. On March 29, 2011, the Plaintiff filed a revocation lawsuit with this Court 2010Gudan9832 with respect to the Defendant’s approval for the curtailment of medical care and the disposition of non-approval for the additional medical care, and received a judgment to revoke the above dispositions. On April 5, 2012, the Defendant’s appeal was dismissed and the said judgment became final and conclusive.

C. The Defendant paid medical care benefits to the Plaintiff upon the final and conclusive judgment, but the Plaintiff’s claim for temporary layoff benefits on July 16, 2012 is a disposition to pay the land for temporary layoff benefits on the ground that it is a state of injury or disease in which employment treatment is possible for the remaining period, excluding the following parts.