1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On June 22, 2016, the Plaintiff received medical care as an occupational accident upon the Plaintiff’s occurrence of an accident beyond a shower (around the construction site) set up side while facing face (hereinafter “the instant accident”). The Plaintiff received medical care as “the open space of the luminous bones, the face, the divers of the face, and the open space of the right hand.”

B. In relation to the instant accident, the Plaintiff filed a claim for temporary layoff benefits with the Defendant from September 1, 2016 to February 20, 2017 (hereinafter “instant request period”). However, on February 23, 2017, the Defendant rendered a decision that the Plaintiff would not pay temporary layoff benefits for the remainder of the period excluding the date of actual outpatient treatment (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion continues to show the symptoms far above the face pleer, may be left behind the chest, may be left out of the chest, and the eyesight may be considerably omitted, according to the doctor’s opinion, etc., the Plaintiff could not work for the period of request of this case due to the following circumstances: (a) the Plaintiff has to undergo surgery at least three times in the future; and (b) the Plaintiff was unable to do so.

Therefore, since the defendant pays temporary layoff benefits for the period of request of this case, the disposition of this case is unlawful.

B. The term "period of absence from medical care" under Article 52 of the Industrial Accident Compensation Insurance Act refers to the period during which an employee was not paid wages because the employee could not be provided with medical care due to occupational injury or disease. Thus, in light of the degree of occupational disease, etc. suffered by the employee, the process of cure and healing, the method of medical care, etc., the employee could not have been employed as the employee was unlikely to receive medical care.