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(영문) 부산고등법원 2019.09.25 2018누24247
휴업급여일부부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except where the part of the judgment of the first instance is cited as the same as that of the judgment of the first instance, and thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

2. 고쳐 쓰는 부분 제3면 제7, 8행의 “망막ㅈㄴ막”을 “망막 전막”으로 고쳐 쓴다.

Part 4, Chapters 11 through 5 (the part on "2.c. judgment") shall be followed as follows.

C. Determination 1) Article 52 of the Industrial Accident Compensation Insurance Act provides that “A daily amount of temporary disability compensation benefits shall be paid to a worker who suffers from an injury or a disease for the period during which he/she was unable to be employed as a medical care for the reason of his/her duty, and the daily amount of payment shall not be paid if the worker is less than three days.” However, “the period during which he/she was unable to be employed as a result of medical care” under the above provision refers to a period during which he/she was unable to receive wages because he/she was unable to provide his/her work as a result of medical care due to occupational injury or disease. Therefore, in light of the degree of occupational injury or disease suffered by a worker, recovery process and healing method, if he/she was not employed as a worker, he/she could not be employed in the same or similar type of occupation that the worker had been employed before the accident, or even if he/she could not have been actually employed due to an employee’s personal circumstance or difficulty in finding employment, the period of temporary disability compensation benefits cannot be paid for 20.

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