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(영문) 서울행정법원 2019.06.14 2018구단75293
휴업급여일부부지급처분취소
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. From January 22, 1980 to April 30, 1990, the Plaintiff served as a coal mountain unit for about 10 years and three months from coal mines.

B. The Plaintiff was diagnosed on March 27, 2013 at C Hospital as “the organ of an unidentified disease, the bad faith of the waste, and the left side (hereinafter “the instant injury and disease”)” as the result of exposure to the determination free acid, etc., which is a pulmonary cancer, while working in the said workplace.

On March 15, 2017, the Plaintiff obtained approval for medical care from the Defendant for the injury and disease. On December 4, 2017, the Plaintiff obtained approval for additional injury and disease, and was recognized as the period of medical care from March 27, 2013 to August 24, 2017.

C. On September 4, 2017, the Plaintiff filed a claim for temporary layoff benefits (from March 27, 2013 to August 31, 2017) against the Defendant on the ground of the medical care of the instant injury and disease.

Accordingly, on October 23, 2017, the Defendant cannot pay temporary layoff benefits for the period from March 27, 2013 to March 15, 2014 when the right to claim temporary layoff benefits has ceased to exist after the lapse of three years from the date of receipt of the first application for the medical care benefits ( March 15, 2017) during the period from March 27, 2013 to the date of expiration of the period from March 15, 2014, on the ground that “The remaining period from March 16, 2014 to August 31, 2017, excluding the actual common day, is deemed capable of being employed” on the ground that “The remaining period from March 27, 2013 to August 31, 2017, the Defendant paid temporary layoff benefits only 18 days from the date of receipt of the first application for temporary layoff benefits (from March 27, 2013 to August 31, 2017).

(hereinafter referred to as “instant disposition”) among the period of request for temporary layoff benefits from March 16, 2014 to August 31, 2017, the determination of the site payment of temporary layoff benefits for the remainder of the period excluding 18 days from the date of actual circulation.

The plaintiff is dissatisfied with the disposition of this case and filed a petition for review to the defendant.

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