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(영문) 서울행정법원 2018.02.23 2017구단36567
휴업급여 일부 부지급 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 30, 2017, the Plaintiff was subject to occupational accidents involving blades (hereinafter “instant accident”). At the time of the instant accident, the Plaintiff obtained medical care approval from the Defendant regarding the open upper part of the instant accident (hereinafter “instant injury”).

B. The Plaintiff filed a claim for temporary layoff benefits from July 1, 2017 to July 7, 2017 with the Defendant, but the Defendant, on August 30, 2017, issued a disposition to pay temporary layoff benefits only on July 7, 2017, on the ground that employment treatment is possible (hereinafter “instant disposition”).

【Fact-finding without a dispute over the basis of recognition】 The entry of Gap evidence 1, 3, 4, Eul evidence 1-1, 2, 3, and 2-1, 2, and 3-1, 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was that the Plaintiff could not be employed by treating the instant injury and disease.

Therefore, the instant disposition issued on a different premise should be revoked as it is unlawful.

나. 인정 사실 1) 원고는 2017. 6. 30. C병원에서 윗입술 부위를 4바늘 정도 꿰매었을 뿐 입원치료를 받지는 않았다. 원고는 2017. 7. 7. C병원에 내원하여 실밥을 풀었다. 2) 원고는 2017. 7. 1.부터 2017. 7. 7.까지 집에서 휴식을 취하면서 다른 일을 하지는 않았다.

3) The Plaintiff’s principal doctor submitted an industrial accident compensation insurance check (Evidence No. 4, Evidence No. 1-2, No. 1-2) stating that “the Plaintiff is able to receive treatment while receiving treatment,” and the purport of the entire pleadings. 【The Plaintiff’s principal doctor submitted an industrial accident compensation insurance check (Evidence No. 4, Evidence No. 4, Evidence No. 1-2, and Evidence No. 1-2

C. Article 52 of the Industrial Accident Compensation Insurance Act provides that a worker who suffers from an injury or has suffered from a disease shall be paid temporary disability compensation benefits for a period during which he/she could not be employed as a medical care.

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