평균임금정정불승인및보험급여차액부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the part added or added below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
The following shall be added, even if 6: (a) at the bottom of the 2nd judgment of the first instance:
According to Article 4 of the Labor Standards Act, where part of the wages paid during the period of calculating average wages is not verifiable, the amount calculated by dividing the total amount of wages paid during the remaining period by the total number of days during the remaining period shall be deemed average wages. The Plaintiff’s wage calculation period (from February 21, 2006 to May 20, 2006) is not verified, and thus the Plaintiff’s wage corresponding to March 26, 2006 is 0.6: 00,000,000 on October 66, 2008; 17; 970, 2000 on December 12, 2005; 206. 16. 30,000 on June 16, 2006; 20,000 on June 16, 2005; 20,000 on December 16, 2005;
The 3 pages of the judgment of the first instance shall be replaced by the following table:
From the fourth bottom of the judgment of the court of first instance, the 11th "four times" shall be read as "six times", and the bottom "60,000 won" shall be read as "50,000 won", respectively.
The following is added to the judgment of the court of first instance, 5 pages and 8 pages.
[This case] It is reasonable to view that the case constitutes not only Article 4 (the case where the total amount of wages is unclear) but also Article 5 (the case where the total amount of wages is unclear in whole).
For the calculation of average wages in Article 5, the total amount of wages is all.