휴업급여심사청구불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 2, 2015, the Plaintiff was suffering from an occupational accident, which was caused by a flight accident, as a packing director.
On May 22, 2015, the Defendant determined the Plaintiff’s average wage of KRW 94,900 as the Plaintiff’s average wage (=130,000 per day x 0.73) in paying temporary layoff benefits to the Plaintiff.
(hereinafter referred to as “instant disposition”). [Grounds for recognition] without dispute; Gap evidence Nos. 1-3; Eul evidence Nos. 1-3 (including virtual numbers); the purport of the entire pleadings
2. Whether the disposition is lawful;
A. Although the Plaintiff’s assertion is ordinarily receiving KRW 130,000 per day, there are cases where the Plaintiff receives more than the amount of work depending on the amount of work, the instant disposition is unlawful.
B. The evidence No. 5 alone is insufficient to acknowledge that the Plaintiff received a daily allowance exceeding KRW 130,000 at the time of the above accident, and there is no other evidence to prove otherwise.
Rather, on May 11, 2015, it is recognized that B, the Plaintiff’s business owner, confirmed that the daily allowance of the Plaintiff, a daily employed worker, was KRW 130,000 to the Defendant at the time of the above accident.
(B) Of the evidence No. 1, the part in B and the purport of the entire pleadings). In calculating the insurance benefits for the Plaintiff, the instant disposition that the Defendant decided by multiplying the Plaintiff’s daily wage by 130,000 won per day by 0.73 pursuant to Article 36(5) of the Industrial Accident Compensation Insurance Act, the main text of Article 23 and Article 24(1) of the Enforcement Decree of the same Act, cannot be deemed unlawful.
3. We cannot accept the Plaintiff’s claim for conclusion.