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(영문) 서울행정법원 2018.03.16 2017구단57519
휴업급여일부부지급처분취소
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 June 17, 2011, the Plaintiff received temporary layoff benefits from the Defendant each month from June 18, 201 to May 31, 2013, when receiving medical care due to an occupational accident.

B. On June 1, 2014, the Plaintiff registered its business with the trade name “D”, but closed the said business on March 28, 2016.

C. From June 1, 2013 to May 17, 2016, the Plaintiff filed an application with the Defendant for payment of “temporary layoff benefits” from June 1, 2013 to the Defendant. The Defendant, around that time, paid the Plaintiff only the temporary layoff benefits from June 1, 2013 to May 31, 2014, on the ground that “the Plaintiff was registered as a business operator on June 1, 2014.”

On January 23, 2017, the Plaintiff re-requested the Defendant to pay “temporary layoff benefits” from June 1, 2014 to March 28, 2016. Accordingly, on February 22, 2017, the Defendant paid only temporary layoff benefits equivalent to the date of treatment (18 days) on the ground that “the Plaintiff has registered his/her business in the period of the application for temporary layoff benefits” to the Plaintiff on the ground that “the Plaintiff has registered his/her business in the period of the application for temporary layoff benefits,” and the portion of the site wage of temporary layoff benefits during the remaining period of the disposition (18 days) is “the instant disposition.”

A. [In the absence of dispute over the basis of recognition, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 6], the purport of the whole pleadings and arguments.

2. Whether the instant disposition is lawful

A. The main text of Article 52 of the Industrial Accident Compensation Insurance Act provides that "the temporary disability compensation benefit shall be paid to a worker who suffers from an injury or a disease for the period during which he/she is unable to be employed as a medical care for an occupational reason, and the daily amount paid shall be an amount equivalent to 70/100 of the average wage." Thus, even if an employee is employed due to an occupational accident, he/she shall not be paid temporary disability compensation benefits if he/she is employed, and the "employment" here means not only the case where he/she is provided with labor

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