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(영문) 춘천지방법원 2018.07.17 2017구합50001

평균임금정정불승인및보험급여차액부지급처분취소

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1. On October 4, 2016, the Defendant’s non-approval of the average wage correction and disposition of the difference in the amount of the insurance benefits, made against the Plaintiff.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) served in Ctane, D, etc.

B. On December 20, 2004, the Deceased died on October 26, 2010 while receiving a medical care determination after being diagnosed as “Type 1 of Pneumoconiosis-type and cardiopulmonary function F3 (Medical Disability)” as a result of the precise diagnosis of pneumoconiosis.

C. The Defendant increased or decreased the special average wage based on Ctan mine by deeming Ctan mine as the applicable workplace, and paid the insurance benefits under the Industrial Accident Compensation Insurance Act to the Plaintiff, who is the deceased and the deceased’s spouse.

The Plaintiff again calculated the average wage on the basis of the wages received in D on the ground that “D, the deceased had worked for the first time during the period from January 3, 1991 to March 7, 191, is the last stage of the deceased’s work,” and demanded the Defendant to pay the difference in the insurance benefits accordingly.

E. On October 4, 2016, the Defendant rendered a decision on the application for correction of average wages and the non-approval of the difference in insurance benefits (hereinafter “instant disposition”) on the following grounds.

In determining the workplace where pneumoconiosis applies to workers suffering from occupational illness, the defendant is provided as follows as the Guidelines for Determination of Pneumoconiosis applicable workplace:

- In the case that (Class 1) as a result of a survey conducted by a specialized institution confirms that the workplace has the highest relationship with pneumoconiosis as the result of a survey conducted by the specialized institution (Class 2), the period of service, working environment, and outlines of harm on (Class 2);

In cases where it is difficult to determine the main place of business that has caused pneumoconiosis in consideration of the degree of exposure, etc. (order 3) where it is clearly determined that the main place of business that has been employed at the time of occurrence of pneumoconiosis falls under Category 1, 2, and 3 (Order 4) and where it is difficult to determine one of the harmful places of business that has been employed by the disaster as the main place of business that has caused pneumoconiosis, the deceased was examined related data such as documents submitted at the place of business exposed to dust, etc. as a result of