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(영문) 서울행정법원 2014.06.13 2013구단15944
장해급여 및 휴업급여부지급처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. While being employed by the plaintiff in the Dispute Resolution Co., Ltd. and worked as a cleaning agent, the plaintiff was faced with an occupational accident which fell below 3.5m on June 11, 2005, and around that time, the defendant was granted medical care from the defendant for the "the escape certificate of the 12 chest pressure zone, the 5th century - the 1,000 square meters-the 1,000 square meters-the 1,00 square meters-the 1,000 square meters-the 1,000 square meters-the 1,000 square meters-the 2,000 square meters-the 2,000 square meters-the 2,006."

After that, the medical care was approved on December 28, 2006 and the two-lane medical care was provided from December 29, 2006 to January 21, 2008.

On May 14, 2008, the Plaintiff filed a claim with the Defendant for disability benefits concerning the functional disability of the parts in spine, and on May 21, 2008, the Defendant determined the Plaintiff’s functional disability in spine as class 5 of class 6 of the disability grade and paid disability benefits.

B. On April 25, 2006, the Plaintiff applied for medical care to the Defendant as an additional injury or disease, but the Defendant issued a non-approval disposition on July 13, 2006.

On July 22, 2009, the Plaintiff filed an administrative litigation seeking revocation of the above disposition of non-approval of the above additional injury and disease (Seoul Administrative Court Decision 2007Gudan14681), and on July 22, 2009, the competent court recommended the Defendant to revoke the disposition of non-approval of the additional injury and disease, and that the Plaintiff withdraw the lawsuit after the Defendant’s ex officio revocation.

On September 18, 2009, the defendant accepted the above mediation recommendation and approved the plaintiff's credit ex post facto disease as an additional injury. The plaintiff submitted the written withdrawal of the lawsuit on September 22, 2009.

C. The Plaintiff asserted that he was unable to be employed from May 22, 2008 to November 21, 2009 due to the medical care for the trauma after childbirth, and filed a claim for temporary layoff benefits with the Defendant on November 16, 2009.

The defendant, on June 11, 2005, received the first mental diagnosis on February 20, 2006 after the plaintiff suffered an occupational accident, and the person who suffered an ordinary trauma after the occupational accident was treated for the first time on February 20, 2006. If the person who suffered an occupational accident is treated for 12 months, the increase of the tax is fixed, so the date of the completion of the medical treatment is the date of Jan. 21,

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