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(영문) 서울고등법원 2015.01.15 2014누55733
장해급여 및 휴업급여부지급처분취소
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

Details of the disposition

The plaintiff was employed and worked as a cleaning agent in the dispute resolution committee. On June 11, 2005, the plaintiff was faced with an occupational accident falling below 3.5m of Jun. 11, 2005, and around that time, the defendant approved the medical care from the defendant for "the 12 chest pressure zone, the 5th century-1,000 conical signboard escape certificate, the 5th century-1,000, the 1st century-1st century, and the 1st century." The plaintiff was approved the medical care from the defendant until July 31, 2006.

After that, the medical care was approved on December 28, 2006 and the two-lane medical care was provided from December 29, 2006 to January 21, 2008.

On May 14, 2008, the Plaintiff filed a claim with the Defendant for disability benefits concerning the functional disorder of spine part. On May 21, 2008, the Defendant determined the Plaintiff’s functional disorder of spine part as class 6 subparag. 5 of the disability grade and paid disability benefits.

On April 25, 2006, when the Plaintiff was under the first medical care period, the Plaintiff applied for medical care to the Defendant as an additional injury or disease, but the Defendant rendered a non-approval disposition on July 13, 2006.

On July 22, 2009, the Plaintiff filed an administrative litigation seeking revocation of the above disposition of non-approval of the above additional injury and disease (Seoul Administrative Court Decision 2007Gudan14681), and on July 22, 2009, the competent court recommended the Defendant to revoke the disposition of non-approval of the additional injury and disease, and that the Plaintiff withdraw the lawsuit after the Defendant’s ex officio revocation.

On September 18, 2009, the defendant accepted the above mediation recommendation and approved the plaintiff's credit ex post facto disease as an additional injury. The plaintiff submitted the written withdrawal of the lawsuit on September 22, 2009.

The Plaintiff asserted that he was unable to be employed from May 22, 2008 to November 21, 2009 due to the medical care for the trauma-based aftermath of credit, and on November 16, 2009, filed a claim with the Defendant for temporary layoff benefits for the above period.

As to this, the defendant, "the plaintiff was treated with a mental department first on February 20, 2006 after he was affected by an occupational accident on June 11, 2005, and the person who was ordinarily affected by an occupational accident was treated with a mental department first on February 20, 2006, and the person who was affected by an occupational accident was treated with a 12-month medical treatment, so the increased tax is fixed when he was treated for 1

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