평균임금결정및보험급여차액부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On March 18, 201, the Plaintiff obtained medical care approval from the Defendant on November 16, 201 from the Defendant on the ground that “the instant accident was caused by an accident (hereinafter “instant accident”) electric power shocked to high-tension power during the operation of the Suwon-gu Incheon District Corporation (hereinafter “C”) in its place of business, Inc. (hereinafter “C”) located in Seo-gu, Seo-gu, Incheon, by means of the video, both sides’ 3 degrees of fingers and grandchildren, and the video, both sides’ 3 degrees of fingers and grandchildren, and the video, both sides’ images, and 3 degrees of video, both sides’ damage to the right-to-face, the thromatic damage, the right-hand thalle, the 4,5 parts of cut, and the upper left-hand low-tension damage.”
B. Meanwhile, the Defendant calculated the average wage on the basis of the minimum wage in 2011 and paid temporary layoff benefits based thereon to the Plaintiff. However, on December 13, 2013, the Plaintiff asserted that the Plaintiff’s daily wage with respect to the instant construction work is KRW 230,000, and filed a claim for the correction of average wage and the difference in the
C. On February 11, 2014, the Defendant recognized that the daily wage is KRW 113,858 on the basis of the report on the survey on the actual status of construction business wages in the first half of 2011, on the ground that “the daily wage is confirmed to be KRW 106,250 through KRW 130,000 as a result of the verification of the current status of daily work of daily workers employed at the other workplace from 2010 to 2011, and the details of account transfer cannot be confirmed,” and then issued a disposition to determine temporary layoff benefits (hereinafter “instant disposition”). D.
The Plaintiff’s average wage increased as above also did not reflect the actual average wage of the Plaintiff, which was examined and requested for reexamination, but all of them were dismissed.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 1 to 1 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion ①