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(영문) 대전고등법원 2020.12.03 2019누12294
상병보상연금 부지급처분취소
Text

The judgment of the first instance shall be revoked.

2. On December 20, 2016, the Defendant’s disposition of the amount of the injury-disease compensation annuity against the Plaintiff.

Reasons

1. The grounds for this part of the disposition are as stated in the relevant part of the reasoning of the judgment of the first instance, except for a partial modification as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The second half to 9-10 acts "the medical care has been approved, and the medical care has been received," shall be changed as follows:

Around April 2013, the medical care benefits decision was received, and thereafter, during the long-term hospitalized treatment (1,295 days of hospitalized treatment from March 23, 2013 to July 31, 2017) at D Hospital, Daejeon Hospital, E Hospital, etc., after the said accident, the Plaintiff was unable to be employed as a result of said decision. Around March 24, 2013, the Plaintiff was unable to undergo an additional employment. Around March 28, 2013, the Plaintiff received an additional 6th of the mathical flaculsis, mathal flaculsis, mathal mathal mathy, and mathalthal mathical mathy, e.g., e., 16th of the 2014; 20th of the 15th of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2015th of the 2nd of the 3th of the 201.

2. Whether the instant disposition is lawful

A. The grounds for this part of the Plaintiff’s assertion are as stated in the corresponding part of the reasoning of the judgment of the first instance except for a partial modification as follows. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part III-3-4 of the first sentence "before it was amended by Presidential Decree No. 27751, Dec. 30, 2016" shall be construed as "before it was amended by Presidential Decree No. 29354, Dec. 11, 2018".

Part 6 of the third and sixth conduct shall be deleted.

The Industrial Accident Compensation Insurance Act was amended by Act No. 14499, Dec. 27, 2016.

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