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(영문) 서울행정법원 2020.01.17 2018구단57608
휴업급여부지급처분취소
Text

1. On November 28, 2019, the Defendant rendered part of the site pay disposition of temporary layoff benefits against the Plaintiff on November 28, 2019 from June 9, 2016 to September 18, 2017.

Reasons

1. Details of the disposition;

A. On January 26, 2015, the Plaintiff was diagnosed as “the cage cage fage fage fage fage fage fage fage fage fage 10 on the left side fage fage fage fage fage fage fage fage fage 1-4 on the left side, and fage fage fage fage fage fage fages on the left side, and the Plaintiff provided medical care to each of the above injury on February 23, 2015 with the Defendant’s approval

B. On July 13, 2015, the Plaintiff filed an application with the Defendant for an additional injury to the Defendant, but the Defendant rejected the Plaintiff’s application for additional injury and disease on August 10, 2015.

C. The Plaintiff filed a lawsuit seeking the revocation of the above additional injury and disease approval disposition with this Court 2015Gudan18633, and on June 13, 2017, based on the result of physical assessment that was sent during the lawsuit, the Plaintiff filed an application with the Defendant for additional injury and disease.

Around August 2017, the Defendant approved the Mali-Mali-Malithal Malithal Malithal Malithal Malithal Malithal Malithal Malithal (Malithal Malithal Malith

(hereinafter referred to as the “instant additional injury or disease”) d.

On November 15, 2017, the Plaintiff filed a claim for temporary layoff benefits with the Defendant from August 1, 2015 to November 15, 2017 (838 days) by the deadline.

E. On December 22, 2017, the Defendant paid only temporary disability compensation benefits of KRW 1,85,920,00 as of the date of hospitalization and the date of actual visit (20 days during the period from August 17, 2015 to October 13, 2016) during the period for claiming temporary disability compensation in accordance with the advisory opinion that “the employment treatment is possible in relation to the additional branches of the instant case.” On December 22, 2017, the Defendant issued a disposition to deduct the amount of KRW 185,240,000 for unjust enrichment related to the disaster of March 8, 2013 among the temporary disability compensation benefits, and to not pay the remainder.

F. On March 21, 2018, the Plaintiff filed the instant lawsuit seeking revocation of partial site wage disposition of temporary layoff benefits.

The defendant on November 28, 2019, while the lawsuit of this case was pending.

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