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(영문) 울산지방법원 2018.01.11 2017구합712
휴업급여 지급제한 처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On April 24, 2014, the Plaintiff: (a) was diagnosed as “pulmonary and pulmonary cancer”; and (b) received medical care approval from the Defendant for the injury and disease; (c) submitted a medical treatment plan for the period from January 18, 2016 to December 31, 2016 to the Defendant.

B. After reviewing the medical treatment plan submitted by the Plaintiff, the Defendant, on January 22, 2016, notified the Plaintiff that temporary layoff benefits will be paid from January 18, 2016 to the date of school attendance on the premise that employment treatment is possible. On March 15, 2016, the Plaintiff filed a claim against the Defendant for temporary layoff benefits for the period from January 18, 2016 to March 14, 2016, and the Plaintiff paid temporary layoff benefits only for four days in fact and did not pay the remainder of the period.

(hereinafter referred to as the above, the Defendant’s partial disposition of the site payment of temporary layoff benefits (hereinafter referred to as “instant disposition”).

On April 14, 2016, the Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant on April 14, 2016. However, on June 27, 2016, the Plaintiff received a request for dismissal from the Defendant, and filed a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee on August 18, 2016. However, on October 19, 2016, the Plaintiff received a ruling of dismissal from the said Committee, and received the said written ruling on October 24, 2016.

On August 25, 2017, the Plaintiff filed a lawsuit seeking revocation of the instant disposition in this Court.

[Reasons for Recognition] Clear fact, absence of dispute, Gap evidence Nos. 1, 2, 3, 7, 10, 11, Eul evidence Nos. 1 through 4 (including branch numbers) and the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. A lawsuit for revocation may be instituted within 90 days from the date of receiving the original copy of the written ruling in a case where the defendant's disposition of defense was adjudicated. Since the instant lawsuit was filed after the lapse of the period for filing the lawsuit, it is illegal.

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