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(영문) 제주지방법원 2019.08.28 2018구합61
유족급여부지급처분취소
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 January 3, 2017, the Plaintiff was diagnosed of the injury and disease of “defluence, etc.” (hereinafter “instant injury”) by suffering from an accident where the objects presumed to be inappropriate or small, are protruding away at the site of a new house construction work (hereinafter “instant accident”).

B. On May 10, 2017, the Plaintiff filed a claim for temporary disability compensation benefits against the Defendant from February 4, 2017 to May 10, 2017 due to the instant injury. Accordingly, the Defendant rendered a disposition to pay only temporary disability compensation damages until February 5, 2017, upon the advice of the advisory opinion that the Plaintiff would be able to find employment from February 6, 2017, and thereafter to February 5, 2017 (hereinafter “instant disposition”).

Around May 22, 2017, the Plaintiff filed a petition for review against the Defendant against the instant disposition. However, the said petition for review was dismissed on August 1, 2017.

Accordingly, the Plaintiff filed a request for reexamination on or around August 23, 2017, but the Industrial Accident Compensation Insurance Reexamination Committee dismissed the said request on or around October 20, 2017, and the Plaintiff was notified of the decision of dismissal on or around November 9, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the instant accident occurred, thereby falling into the vision, and that the Plaintiff was unable to be employed until May 10, 2017, due to the serious eye in the external margin.

Therefore, the instant disposition should be revoked on a different premise.

B. Article 52 of the Industrial Accident Compensation Insurance Act provides that temporary disability compensation benefits shall be paid to a worker who suffers from an injury or disease for the period during which he/she could not be employed as a medical care for the reason of his/her occupational reason, but the daily amount paid shall be equivalent to 70/100 of average wages.

except that the period of employment is not available.

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