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(영문) 창원지방법원 2018.10.24 2018구단75
휴업급여부지급처분취소
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 February 14, 2013, the Plaintiff obtained approval for occupational accidents on the name of the injury or disease (the escape certificate of the 4-5 conical signboard and the escape certificate of the 5th conical 1,00) from the occupational accident, and filed an application for temporary layoff benefits for the period from August 1, 2013 to February 12, 2017 from the expiration date of the request period of June 9, 2017. (b) On June 22, 2017, the Defendant: (a) on the ground that “the treatment power is not confirmed during the request period of the temporary layoff benefits, it is difficult to recognize it as the medical care period” (hereinafter referred to as “instant disposition”).

(c) The Plaintiff was dissatisfied with this request and filed a request for reexamination with the Industrial Accident Compensation Insurance Review Committee on September 18, 2017, but a ruling dismissing the Plaintiff’s request was rendered on December 18, 2017. [The Plaintiff did not dispute the grounds for recognition, and was written a ruling dismissing the Plaintiff’s request] (Article 1 through 4, 7, 8, 9, and 1, 2, 6, 7, and 7, respectively, and the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff obtained the medical care approval for the above injury and disease through administrative litigation, but failed to undergo the medical care due to the attendance at the court, etc., and given treatment by making soup a soup and taking soup at home without receiving physical treatment due to the difficulty of living. Therefore, it is unlawful to not pay temporary disability compensation benefits on the ground that there is no record of hospital physical treatment.

B. (1) The term "period during which an employee was unable to be employed due to medical care" under Article 52 of the Industrial Accident Compensation Insurance Act refers to a period during which the employee was unable to provide his/her labor because he/she was unable to provide his/her medical care due to occupational injury. Therefore, if the employee was not employed as a worker who was employed due to medical care in light of the degree of occupational injury, the process of recovery and healing of injury, the method of medical care, etc., even if the employee was not actually employed, temporary layoff benefits cannot be

Supreme Court Decision 200

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