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(영문) 서울고등법원 2016.10.27 2015누65010
휴업급여일부지급결정처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Details of the disposition

On December 29, 2008, while working at the construction site of Pyeongtaek-si B, 2008, the Plaintiff obtained the approval of medical care on the left-hand and the left-hand high-level infection (hereinafter “the approval of first medical care”) by September 30, 2010 as an accident that collapseed and buried by earth and sand (hereinafter “instant accident”) and obtained the approval of medical care on October 12, 2010 after the completion of medical care.

On January 10, 2013, the Plaintiff filed an additional application for injury to the Defendant on the grounds that the Plaintiff fell short of the additional criteria for recognition of injury and disease on March 29, 2013 (hereinafter “instant injury and disease”). However, the Plaintiff rendered a disposition of non-approval on the ground that it falls short of the additional criteria for recognition of injury and disease.

On July 24, 2014, the Plaintiff filed a lawsuit seeking revocation of the foregoing non-approval (hereinafter “transfer lawsuit”) and rendered a judgment revoking the above non-approval disposition on the ground that there was a proximate causal relation between the instant accident and the injury and disease.

(Seoul Administrative Court Decision 2013Gudan11560 decided July 24, 2014). The Defendant issued an approval for re-treatment with respect to the instant injury and disease from November 12, 2012, the first outpatient treatment date of the Plaintiff.

On August 25, 2014, the Plaintiff filed an application with the Defendant for temporary layoff benefits during the period from October 1, 2010 to August 25, 2014. The Defendant filed an application with the Plaintiff for temporary layoff benefits on September 19, 2014, and the Plaintiff from October 1, 2010 to November 11, 2012 (hereinafter “instant non-approval period”).

On November 12, 2012, from November 12, 2012 to August 25, 2014, a partial decision on the payment of temporary layoff benefits was made to the effect that the amount of temporary layoff benefits should be calculated and paid based on the minimum wage amount.

hereinafter referred to as "disposition of this case"

2) 【No dispute over the grounds for recognition, Gap evidence Nos. 1 and 3, and the purport of the entire pleadings are recorded in the attached Form of the Acts and subordinate statutes.

The plaintiff's assertion as to the legitimacy of the instant disposition and the recognition of temporary disability compensation benefits for the non-approval period.

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