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(영문) 전주지방법원 2020.12.02 2020구단183
휴업급여일부부지급처분취소
Text

On January 29, 2019, the Defendant rendered temporary layoff benefits of KRW 9,860,000 against the Plaintiff on January 29, 201.

Reasons

Details of the disposition

A. On March 7, 2018, the Plaintiff entered into a labor contract with a limited liability company B (hereinafter “instant business owner”), and was diagnosed on March 7, 2018 (hereinafter “the instant injury and disease”).

B. On January 22, 2019, the Plaintiff filed a claim for temporary disability compensation benefits against the Defendant for the period from March 7, 2018 to January 22, 2019 while receiving medical care with the approval from the Defendant as an occupational accident.

C. On January 29, 2019, the Defendant: (a) paid temporary layoff benefits for the remainder of 15 days from March 7, 2018 to August 29, 2018, except for 15 days from the date of actual circulation; (b) from August 30, 2018 to January 22, 2019, the Plaintiff paid 9,860,000 won as agreed upon by the instant employer from the temporary layoff benefits from August 30, 2018 to January 22, 2019; (c) made a disposition to pay a site for temporary layoff benefits equivalent to the above amount (hereinafter referred to as “instant disposition”); and (d) made a decision to pay the Plaintiff the temporary layoff benefits for the period from March 7, 2018 to January 22, 2019 to KRW 146,434,020 (i.e., 146, 1400,960).

On January 30, 2019, the Defendant paid the Plaintiff KRW 5,434,020 of the above temporary layoff benefits.

The plaintiff

(1) The Defendant filed a request for review with respect to each site pay disposition, and the Defendant revoked only the said site pay disposition and decided to pay the Plaintiff all temporary disability compensation benefits for the period from March 7, 2018 to August 29, 2018.

Accordingly, on May 23, 2019, the Defendant paid additional temporary disability compensation benefits of KRW 14,344,110 to the Plaintiff.

E. The Plaintiff filed a petition for reexamination on July 11, 2019 against the foregoing decision, but the Industrial Accident Compensation Insurance Reexamination Committee filed a petition for reexamination on November 6, 2019.

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