A. On April 8, 200, the Plaintiff was diagnosed as pneumoconiosis type No. 2 (2/1), and cardiopulmonary function F0 (normal) as a result of a precise inspection of pneumoconiosis as a result of having been conducted on April 8, 200, by manufacturers of precious metal products, such as B, C (hereinafter “C”), and D, and was judged as class No. 11 of the disability grade.

B. In paying the initial insurance benefits to the Plaintiff, the Defendant calculated the first average wage by 44,209 won in accordance with a special case for calculating the average wage for a person with an occupation-related disease under the Industrial Accident Compensation Insurance Act, and paid disability benefits on the basis thereof.

C. As a result of a close inspection of pneumoconiosis on March 30, 2016, the Plaintiff was diagnosed as Type 2 (2/1) and Grade 7 of the disability grade, and was determined as Grade 7 of the disability grade. In this case, the Defendant considers the applicable workplace as Category C.

After calculating the applicable average wage by increasing or decreasing the first average wage as stated in the paragraph, pneumoconiosis compensation annuities were paid to the Plaintiff on the basis of this.

On March 15, 2018, the Plaintiff filed a claim for the correction of average wages and the payment of difference in insurance benefits with the Defendant, claiming that the applicable workplace should be deemed D, and that the average wage should be applied under the Labor Standards Act is higher than the average wage calculated in accordance with special cases under the Industrial Accident Compensation Insurance Act.

E. On June 18, 2018, the Defendant did not correct the applicable workplace for the following reasons. However, upon accepting the Plaintiff’s assertion that the average wage is higher than the average wage calculated pursuant to the special case under the Industrial Accident Compensation Insurance Act, the Plaintiff’s average wage is corrected to 49,292 won and the difference in disability benefits is paid, the Defendant’s non-approval of partial correction of the average wage and the payment of the difference in disability benefits.