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(영문) 서울행정법원 2015.09.23 2014구단15859
휴업급여지급일부거부처분취소
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 December 27, 2009, the Plaintiff, a worker engaged in guard duty, etc. at the Samwon Co., Ltd. B Apartment Management Office, had an unreasonable force while moving food waste bage to a road on the parking lot. As a result, the Plaintiff was subject to occupational accidents, and the Plaintiff provided medical care on June 30, 2010 when receiving medical care approval for the left-hand salt boomed.

B. After that, on July 2, 2010, the Plaintiff filed an application for approval of additional injury and disease medical care for the diversity of the diversatory divershosis, but received non-approval from the Defendant on July 15, 2010.

On February 13, 2012, the Plaintiff filed an administrative litigation seeking the revocation of the above non-approval disposition, and the Defendant revoked the above non-approval disposition of the above additional injury and disease and issued an additional medical care approval on February 14, 2012 to the Plaintiff on February 14, 2012.

In addition, on May 16, 2012, the Plaintiff received approval for additional medical care due to aggravation of symptoms and received additional medical care.

C. On October 2, 2012, the Plaintiff filed a claim for temporary layoff benefits against the Defendant from July 1, 2010 to May 3, 2012. However, on November 9, 2012, the Defendant paid temporary layoff benefits to the Plaintiff for the period from July 1, 2010 to September 17, 2010, for which the medical care was confirmed during the Plaintiff’s request period according to the Defendant’s opinion of advice, and issued a disposition of partial land-based temporary layoff benefits with the content of site-based temporary layoff benefits for the period from September 18, 2010 to May 3, 2012.

In other words, on October 1, 2013, the Plaintiff filed a claim for temporary layoff benefits against the Defendant from September 18, 2010 to May 3, 2012. However, on October 7, 2013, the Defendant already issued a land-based temporary layoff benefits disposition against the Plaintiff on the ground that it had already been subject to the said request period.

E. On January 3, 2014, the Plaintiff filed a petition for review against the above temporary layoff benefit site payment disposition. However, on March 4, 2014, the Defendant filed a petition for review on the Plaintiff’s visit to the Plaintiff.

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