평균임금정정불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 22, 2015, Non-Party B (B, the deceased et al.) died due to an accident falling down at the construction site located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, on January 22, 2015 while working in the Green Industry Co., Ltd. (hereinafter below, Non-Party B et al.).
B. On April 1, 2015, the Plaintiff filed a claim for bereaved family’s benefits with the Defendant, and the Defendant rendered a decision to approve the medical care with the purport that the bereaved family members of the deceased should be paid bereaved family’s bereaved family benefits by calculating the average wage of KRW 110,00 per day as stated in the labor contract
C. On April 17, 2015, the Plaintiff: (a) requested correction of the average wage and the payment of insurance benefits corresponding to the difference because the daily wage of the deceased was not KRW 1.10,000,000; (b) however, on May 20, 2015, the Defendant issued a disposition not to approve the Plaintiff’s claim on the grounds that the daily wage was written by the deceased and the non-party company, and that there was no objective data to recognize that the daily wage was KRW 1.10,000,000.
[Ground of recognition] Facts without dispute, Gap evidence No. 1 to 3, Eul evidence No. 2, the purport of the whole pleadings
2. The Defendant asserts that, even though the instant disposition was served on the Plaintiff’s agent on May 22, 2015, the Plaintiff filed the instant lawsuit on August 21, 2015 after 90 days from the date of receipt of the disposition, and thus, the period of filing the lawsuit is excessive and illegal.
According to the evidence Nos. 5, A, and B No. 1 through 3, the Plaintiff’s agent delegated the authority by the Plaintiff on January 26, 2015 concerning claims for survivors’ benefits and funeral expenses of the deceased, who is an industrial accident worker, and the actions necessary for the receipt of compensation, and filed a claim for survivors’ benefits on behalf of the Plaintiff with the Defendant on behalf of the Plaintiff, and on April 1, 2015, the daily allowances of the deceased.