The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. If a worker suffers from an injury or disease due to an occupational accident, as prescribed by the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Act”), with respect to a period for which he/she was paid medical care benefits and has not been employed as a result of medical care as well as for the cure, temporary disability benefits, such as disability benefits, shall be entitled to receive such benefits (Article 36 of the Act). If an employee needs to receive medical care benefits and provide active medical care to cure a recurrence of his/her occupational injury or disease, which was the object of the medical care, or becomes worse after the recovery thereof, or becomes worse after the recovery thereof, (Article 51(1) of the Act); if his/her condition becomes worse after receiving additional medical care, disability benefits are paid according to the disability grade corresponding to the aggravated condition, and the method of calculating and paying disability benefits after additional medical care shall be prescribed by Presidential Decree;

(2) Article 60(2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Enforcement Decree”) provides for the calculation and payment method of disability benefits when a recipient of disability benefits claims disability benefits after receiving the disability compensation annuity and a recipient of the lump-sum disability compensation benefits, and further dividing them into cases where a beneficiary claims disability benefits after receiving the additional medical care and where a beneficiary claims it as the disability compensation annuity. If a recipient of the lump-sum disability compensation claims a disability compensation annuity as the state of disability after receiving the additional medical care becomes worse compared with that after receiving the additional medical care, the changed disability compensation annuity corresponding to the changed disability grade shall be paid from the month following the month