휴업급여부지급처분취소
1. From April 1, 2014 to December 31, 2018, the Defendant issued to the Plaintiff the additional payment disposition of temporary layoff benefits against the Plaintiff on March 19, 2019.
1. Details of the disposition;
A. While working as a researcher at the B University Engineering Research Institute, the Plaintiff participated in the “D Project” progress from August 3, 2012 to August 4, 2012, as a field manager.
B. From around August 7, 2012, the Plaintiff showed symptoms of two and high fever.
Around August 13, 2012, the Plaintiff caused a climatic work, and on August 15, 2012, hereinafter “the instant injury and disease”) was diagnosed.
C. The Plaintiff filed an application for medical care benefits with the Defendant. On June 17, 2016, the Defendant rendered a disposition not to grant medical care for the reason that it is difficult to deem that the instant injury and disease was caused by the Plaintiff’s work.
The Plaintiff filed a lawsuit seeking the revocation of the foregoing disposition of non-approval for medical care as the court 2017Gudan52590, and the judgment was rendered on November 29, 2017 to revoke the disposition of non-approval for medical care.
Accordingly, the Defendant appealed (Seoul High Court 2018Nu30770), but the appeal was dismissed on December 11, 2018, and the Defendant rendered a disposition of approval for medical care against the Plaintiff on February 11, 2019 in accordance with the purport of the judgment.
E. On March 8, 2019, the Plaintiff filed an application for temporary layoff benefits with the Defendant from August 14, 2012 to March 8, 2019, and the Defendant, on March 19, 2019, paid temporary layoff benefits only for the period from October 23, 2012 to March 31, 2014 to the Plaintiff, and on the remainder of the period, on the ground that the extinctive prescription of temporary layoff benefits for the period from August 14, 2012 to October 22, 2012 expires, ② temporary layoff benefits for the period from April 1, 2014 to March 8, 2019, based on medical opinions, were issued on the ground that the temporary layoff benefits were available from March 31, 2014 to March 31, 2014.
(hereinafter referred to as “instant disposition” for the period from April 1, 2014 to December 31, 2018. [The grounds for recognition] The fact that there is no dispute, Gap’s 2 through 4, Eul’s 3 (including the provisional number; hereinafter the same shall apply), and the purport of the whole pleadings.
2. The instant disposition is lawful.