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(영문) 대전지방법원 2015.10.16 2014구단1616

평균임금정정신청등불승인처분취소

Text

1. Of the instant lawsuit, “non-approval disposition, such as filing an application for correction of average wages for pneumoconiosis survivors’ annuities on April 8, 2014.”

Reasons

1. Details of the disposition;

A. A. On May 1975, the deceased’s spouse B (CB, death on March 24, 201, hereinafter “the deceased”) entered the light light and retired from office around October 1989, and the light light closed on August 21, 1991.

B. On November 18, 1991, the Deceased underwent a precise diagnosis of pneumoconiosis symptoms. The Defendant determined the Plaintiff’s first average wage as 19,084 won and 19,000 won and 24,989 won and 27,780 won and 38 won and 31,083 won and 45 won and average wage as applied on March 1, 1997, and average wage as average wage as applied on March 1, 1997, and average wage as applied on March 1, 1996. < Amended by Presidential Decree No. 13578, Nov. 18, 1991; Presidential Decree No. 15683, Mar. 25, 1994; Presidential Decree No. 15683, Mar. 38, 199; Presidential Decree No. 15682, Mar. 31, 197; Presidential Decree No. 15965, Mar. 30, 2996.

C. On August 25, 1994, the Deceased was diagnosed with pneumoconiosis again, and the Defendant provided medical care benefits to the Deceased from December 9, 1994 to March 24, 201 on the deceased’s death.

On February 11, 2014, the Plaintiff did not increase or decrease the existing average wage in 1995 for the Defendant’s “temporary disability compensation benefits, bereaved family’s benefits, funeral expenses, and pneumoconiosis survivors’ annuities.”

In calculating the average wage as of "19,884 won as of November 1, 1989" in addition to the monthly wage for at least 10 years by industry and quarrying center, gender, male, and year of continuous service according to the occupational category classification, career, number of years, gender, monthly wage, number of working hours, and number of workers in the report on the survey of the actual status of wages by occupation in 1989, the average wage as of "19,84 won is 90 won." Accordingly, in October 1, 1989 and November 1991, the report on the survey of the statistics of employment in 15.78% by multiplying the fixed amount of salary mining, male, production workers, 10-29, by 30,976 won, the average wage as of December 1, 199, the average wage as of "15.4.6% by the average wage rate of 19,94.6% by December 14, 1991."

If this is increased or decreased every year in regular order.