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(영문) 서울고등법원 2016.03.04 2015누56702
휴업급여부지급처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is the case where: (a) the Plaintiff, who obtained the approval of the medical care for an accident that maintains the right bridge, applied for the payment of temporary disability compensation benefits on the ground that he/she was unable to be employed as a medical care during the period when he/she obtained the approval of additional medical care; (b) however, he/she is dissatisfied with the disposition that only pays temporary disability compensation benefits equivalent to the date of the Plaintiff’s actual medical treatment and does not pay the remainder of temporary disability compensation benefits; and (c) the Defendant is seeking revocation of the disposition that the Plaintiff would not pay temporary disability compensation benefits to the Plaintiff as of August 26, 2013.

The judgment of the first instance dismissed the plaintiff's claim on the ground that the additional injury and disease during the medical care do not constitute the necessity of medical care, and the plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. On the premise, 【Evidence’ is a person who entered and joined the Bank of Bank of Korea on January 24, 1997, 1) A, 2, 3, 5, 6, 7, 29, B, 1, 4, and 5, and the purport of the entire pleadings.

⑵ 원고의 업무상 재해로 인한 부상 ㈎ 원고는 1997. 1. 26. 구동부 작업장에서 철재구조물을 내리기 위한 공사현장에 설치된 기중기에 묶인 와이어로프가 미끄러져 원고의 우측 다리에 철재구조물이 넘어지면서 그 충격으로 ‘우측 경미골 개방성분쇄골절 등’의 부상을 입게 되어 피고로부터 최초로 요양승인을 받고서 2004. 4. 30.까지 요양을 받았다

On September 16, 1998, after the first injury and disease was cured, the Plaintiff was determined as class 7 of the disability grade.

After that, the additional medical care was cured on April 30, 2004 and then the additional medical care was cured, and then the 8th grade and the 9th grade for the end of the satisfy.

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