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(영문) 서울행정법원 2018.11.02 2018구단53385
휴업급여부지급처분취소
Text

1. From July 29, 2014 to October 17, 2014, the Defendant’s disposition of additional payment of temporary layoff benefits against the Plaintiff on November 21, 2017.

Reasons

1. The Plaintiff was diagnosed on July 6, 2013, when he worked as the head of the convenience store team in the distribution headquarters B, and was under the diagnosis of “the instant injury and disease” (hereinafter “the instant injury and disease”). At the time, the Plaintiff was under the diagnosis of the brain ties of the brain ties, and was under the double dysculeing of the two dyscule, and thereafter, was under the two dysuleing surgery on October 22, 2013, but was under the two dysule surgery and the cysule surgery on November 21, 2013 due to infection.

After that, on May 25, 2014, the Plaintiff was hospitalized on July 15, 2014 and discharged on July 28, 2014 (hereinafter “instant surgery”) 7/30, 7/31, 8/7, 8/7, 8/11, 8/14, 8/14, 8/18, 8/218, 9/15, 9/19, 9/22, 9/26, 9/10, 9/10, 9/106, 10/10, 10/130, 13/17, 10/107, 10/17/17, 10/17/17, 10/127/10, 14/17/127, 21/10, 27/17/10, 14/10.

On June 7, 2016, the Plaintiff filed a claim with the Defendant for medical care benefits and temporary layoff benefits against the instant injury and disease, and the Defendant rendered a disposition of approval for medical care on December 13, 2016.

On January 4, 2017, the Plaintiff filed a claim for temporary layoff benefits for the period from June 1, 2014 to March 31, 2015. However, on April 27, 2017, the Defendant made a disposition not to pay temporary layoff benefits for the remainder of the period. The Plaintiff re-requested temporary layoff benefits for the period from October 24, 2017, “from July 29, 2014 to December 31, 2014,” and the Defendant did not fall under the period for which the Plaintiff was unable to be employed due to the medical care other than the date of receiving the outpatient treatment, and the period from October 24, 2017 to July 20, 2014 (hereinafter “the extinctive prescription period”) was completed for the period from October 24, 2017 to July 21, 2014 (hereinafter “the period from October 24, 2017”).

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