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(영문) 울산지방법원 2019.04.18 2018구합603

미지급휴업급여

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 11, 2017, the Plaintiff was employed as an employee employed by the construction worker employed by B, and was faced with an accident that is suitable for snow to the right side of cement from the concrete pumps he was employed by B, while performing the construction work of retaining walls at the location of the D typhoon (motor vehicle) located in Ulsan-gun C, Ulsan-gun, Ulsan-do, Seoul at the location of the flood disaster restoration work.

(hereinafter “instant disaster”). B.

The Plaintiff was diagnosed at the E Hospital with “the image, e-mail, and e-mailed damage of the e-mail and e-mail bags,” and claimed for medical care benefits and temporary disability compensation benefits from November 29, 2017 to February 2, 2018, on the premise that employment treatment is impossible, the Plaintiff filed a claim with the Defendant for medical care benefits and temporary disability compensation benefits from November 11, 2017 to February 2, 2018. Accordingly, the Defendant decided to grant partial approval for medical care for only “the image of the e-mail and e-mail bags,” and thereafter, upon the Plaintiff’s request, paid the amount of temporary disability compensation benefits from November 12, 2017 to November 17, 2017 to KRW 613,200 (average wage of KRW 146,00 x 70 x 6) x 70% x 70% x 70% x 70% x 40,708.

C. On January 30, 2018, the Plaintiff submitted a medical treatment plan to Defendant Ulsan District Hospital to provide employment treatment (treatment treatment) for a period of 12 weeks from February 3, 2018 to April 27, 2018. After deliberation, the Defendant revised the medical treatment plan to grant employment treatment (treatment treatment) only for eight weeks from February 3, 2018 to March 27, 2018.

During the above period of medical care, the Plaintiff received medical care on February 26, 2018, March 16, 2018, March 23, 2018, March 2018, and March 23, 2018, and March 27, 2018, and applied for the payment of four-day temporary layoff benefits to Defendant Ulsan District Corporation on April 20, 2018. Accordingly, the Defendant paid the temporary layoff benefits of KRW 408,800 per day (i.e., the average wage of KRW 102,200 x 4 days) to each day of medical care on the same day.

In other words, on April 30, 2018, the Plaintiff is a E Hospital.