평균임금정정불승인및보험급여차액부지급처분취소
1. On February 10, 201, the Defendant revoked the Plaintiff’s approval of the correction of average wages and the disposition of paying the difference in insurance benefits.
1. Details of the disposition;
A. On December 5, 1979, while working in the mining center, the Plaintiff was suffering from ordinary occupational accidents, and retired from office around that time.
The Plaintiff’s average wage at the time of the first medical treatment is 7,904 won, and the Plaintiff received insurance benefits for occupational accidents on the basis of the average wage increased or decreased according to the rate of change of the monthly fixed amount of wages for the same kind of employee by 1992, and the average wage after 193.
B. The Plaintiff was diagnosed as pneumoconiosis on September 30, 2005.
In accordance with Article 38(5) of the former Industrial Accident Compensation Insurance Act (wholly amended by Act No. 8373, Apr. 11, 2007; hereinafter “former Industrial Accident Compensation Act”) and Article 26 of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 19649, Aug. 17, 2006; hereinafter “former Enforcement Decree”), the Defendant determined the average wage as of the diagnosis date for pneumoconiosis as 98,067 won and paid insurance benefits for pneumoconiosis.
C. The Plaintiff claimed that the Defendant correct the average wage based on the diagnosis date for pneumoconiosis and pay the difference in the insurance benefits for pneumoconiosis, as the average wage of KRW 7,904 calculated at the time of medical care due to a general accident is the average wage as of the date of retirement of the Plaintiff, which is the amount increased or decreased by the rate of fluctuation in the fixed amount of monthly wages for the previous worker
Accordingly, on February 10, 201, the Defendant confirmed that the average wage calculated at the time of the Plaintiff’s first medical care has increased or decreased to the ordinary wage rate of the same kind of employee by 1992. Such increase or decrease is in accordance with the applicable law at the time of the increase or decrease of the pertinent period. As such, since 193, the average wage increased or decreased to the rate of the fixed amount of wages of the previous employee is lower than the average wage calculated according to the “special case for calculation of average wage”, the average wage calculated according to