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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 August 14, 1970, while working for the Plaintiff Company B, the Plaintiff received medical care from the Defendant with respect to “the fluoral fluoral fluoral fluoral, the right fluoral fluoral fluoral fluoral fluoral fluoral, the right fluoral fluoral fluoral fluoral, the bluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor
B. Since then, the Plaintiff received additional medical care from July 20, 2018 to November 30, 2018, and filed a claim for temporary layoff benefits (from November 1, 2018 to November 29, 2018) with the Defendant after receiving an oral margument, marical margument, etc. on August 28, 2018.
C. On November 29, 2018, the Defendant paid temporary layoff benefits to the Plaintiff on the ground that “the point at which it is difficult for the Plaintiff to receive employment treatment due to the surgery for additional medical care as a result of medical advice shall be no later than October 4, 2018,” and the Defendant paid temporary layoff benefits only for two days, the actual day of the Plaintiff’s work, which falls under November 8, 2018 and November 29, 2018, which the Plaintiff actually passed through.”
(hereinafter referred to as “instant disposition”) among the period of request for temporary layoff benefits from November 1, 2018 to November 29, 2018, the decision on the site payment of temporary layoff benefits for the remainder of the period excluding two days from the actual date of circulation.
The plaintiff filed a request for examination against the defendant, but the defendant dismissed the request for examination on January 31, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was made on August 28, 2018, and according to the Plaintiff’s doctor’s opinion, the instant disposition, based only on the Defendant’s advisory opinion, which fell short of trust, should be revoked on the ground that the Plaintiff’s assertion was made on or around August 28, 2018, and that, according to the Plaintiff’s doctor’s opinion, stability rates and regular external observation is required for at least two to three months.
B. Article 52 of the Industrial Accident Compensation Insurance Act provides that "temporary disability compensation benefits" shall be injured or ill by reason of occupational reason.