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(영문) 서울고등법원 2016.06.10 2015누63731

치료종결 처분 및 휴업급여 처분 취소

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In the judgment of the first instance, "the part revoking the site payment disposition of temporary layoff benefits after September 2, 2014" shall be revoked.

The defendant's remainder.

Reasons

1. Details of the disposition;

A. On October 1, 201, the Plaintiff joined the Home Plusco Co., Ltd. and worked as an accounting source at the large-scale discount store operated by the said company. On April 16, 2013, the Plaintiff transferred to the store management department of the said company from that time to September 30, 2013, and performed the duties of transporting, displaying, and arranging goods in the said store until September 30, 2013.

B. While performing the above duties, the Plaintiff sustained injury, etc. caused by both grandchildren (hereinafter “the instant accident”), and as a result, obtained the first medical care approval from the Defendant on December 2, 2013 for each spawnitis on and around the second day of September 2013. ② Around April 10, 2014, the Plaintiff received additional medical care approval on the right hand hand hand hand hand hand, the Yan National Industrial Accident Insurance-Related Medical Institution affiliated with the Yancheon National Industrial Accident Insurance-Related Medical Institution (hereinafter “the instant accident”).

(hereinafter referred to as the “instant injury and disease”). C. The injury and disease approved as above is the case.

In accordance with Article 47(1) of the Industrial Accident Compensation Insurance Act on August 28, 2014 and Article 40 of the Enforcement Decree of the same Act, the Macheon-do Hospital affiliated with the Macheon-do University submitted a medical treatment plan stating that “it is necessary to provide medical treatment such as pharmacologic treatment and rehabilitation treatment from September 15, 2014 to December 7, 2014, because there exists a pain on the part of the Defendant, which performed emulculational dypical coloning treatment on April 1, 2014.”

On September 4, 2014, the Defendant sent a document stating "the confirmation of the result of handling the medical treatment plan (the plaintiff)" to the recipient of the Industrial Accident Compensation Insurance Act (the Industrial Accident Compensation Insurance Act, Article 47(2) and Article 41 of the Enforcement Decree of the same Act, stating that "the partial approval of the medical plan and the termination of the medical treatment after October 31, 2014 (the employment treatment opinion after October 2, 2014)" shall be deemed to be "the ground for the decision is "the completion of the medical treatment after the medical treatment by October 31, 2014," and the temporary layoff benefits from September 12, 2014 shall be deemed to be the temporary layoff benefits."