평균임금정정불승인처분취소
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 July 4, 2018, the Plaintiff, a daily employed worker of the construction business, was faced with an accident that fells at a high place while working to remove the sloping beam at the construction site of the Model C (hereinafter “instant construction site”) located in the construction site of the construction industry, and was diagnosed by the Defendant as a result of the foregoing accident, and was given medical treatment for the injury and disease, after obtaining medical treatment approval from the Defendant.
B. The Plaintiff separately claimed temporary layoff benefits against the Defendant. The Defendant calculated the Plaintiff’s average wage of KRW 160,600 (=20,000 per day 220,000 x 0.73) on the premise that the daily amount that the Plaintiff received as the daily amount at the construction site of this case as a daily worker is KRW 220,000, and paid temporary layoff benefits corresponding thereto.
C. As to this, the Plaintiff asserted that “the Plaintiff entered into a verbal contract with Non-Party F (Party B’s sub-contractor) to receive KRW 900,000,00 as a daily wage, on the ground that the Plaintiff’s daily wage is KRW 220,000,000,000 for the instant construction site from July 4, 2018 to July 8, 2018. However, the Plaintiff’s daily wage is KRW 280,000,000 for the Plaintiff’s special use, and the Non-Party D’s 220,000,000 for the non-Party F (sub-Party B’s sub-contractor) and the Plaintiff’s daily wage is KRW 220,000,000 for the Plaintiff’s average wage, and thus, applied for the correction of the average wage is reasonable to the effect that the Plaintiff’s disposal of the Plaintiff’s average wage is based on the premise that the Plaintiff’s disposal of the Plaintiff’s average wage was based on March 4, 2019.
The Plaintiff, who is dissatisfied with the instant disposition, filed the instant lawsuit on May 10, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion.