평균임금정정불승인및보험급여차액부지급처분취소
1. Of the instant lawsuit, the part on the disposition of paying the difference in insurance benefits shall be dismissed.
2. The Defendant’s July 13, 2015.
1. The Plaintiff, as an employee of the Plaintiff Company B (hereinafter “B”), received medical care on March 24, 2012 due to occupational accidents. Accordingly, the Defendant calculated the average wage of KRW 1,100,000 by calculating the monthly salary of KRW 40,925.20 and paid temporary layoff benefits to the Plaintiff.
On May 19, 2015, the Plaintiff filed an application for the correction of average wages and claimed the difference in the insurance benefits with the monthly wage of KRW 2,600,000 with the Defendant.
On July 13, 2015, the Defendant rendered a decision not to approve the Plaintiff’s application for rectification of the average wage.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence No. 1, the purport of the whole pleadings
2. Of the instant lawsuit, the existence of an administrative disposition subject to litigation in an administrative litigation in an administrative litigation as to whether the part concerning the disposition of the payment of insurance benefits, difference in the amount of difference in the insurance benefits is lawful shall be deemed to be subject to confession
(see, e.g., Supreme Court Decision 92Nu15499, Jul. 27, 1993). No evidence exists to deem that the Defendant rendered the Plaintiff a disposition on July 13, 2015 on the payment of the insurance benefit difference in addition to the instant disposition.
Of the instant lawsuit, the part concerning the disposition of paying the difference in insurance benefits is unlawful, seeking the revocation of an administrative disposition that does not exist.
3. If Gap evidence Nos. 5-10 of the instant disposition is lawful, and the purport of the entire argument in the testimony of witness C, the Plaintiff’s payment of KRW 2,60,000 per month from December 24, 201 to March 23, 2012, which is the average wage calculation period, can be acknowledged. Thus, the instant disposition based on the premise that the Plaintiff’s monthly salary is KRW 1,100,000, is unlawful.
The plaintiff's assertion pointing this out is with merit.
4. Conclusion, the part concerning the insurance benefit difference in the instant lawsuit is dismissed.
The plaintiff's remaining claims are accepted.