평균임금정정및 보험급여차액청구불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff received medical care until December 29, 2015 due to occupational accidents that occurred on May 12, 2015.
At the time, the defendant calculated the average wage of KRW 100,000 per day and paid temporary layoff benefits, etc. to the plaintiff.
On November 23, 2015, the Plaintiff filed a claim for the correction of average wages and the difference in insurance benefits with his daily wage of KRW 240,000 at the time of the above accident with the Defendant.
On December 14, 2015, the Defendant rendered a decision not to approve the application for correction of the average wage and the claim for the difference in the insurance benefits on the ground that the average wage calculated based on the daily wage of KRW 100,000 for the Plaintiff is reasonable.
(hereinafter “Disposition in this case”). 【No dispute exists, A’s evidence Nos. 1, 2, and 5, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff would receive KRW 240,00 per day at the “B” place of business on the day of the accident.
From February 12, 2015 to May 11, 2015, the Plaintiff received KRW 4,920,000 from “B”’s place of business to work for 23 days and receive remuneration for the work, which is converted into a daily wage (=4,920,000 won ± 23 days).
The instant disposition taken on a different premise is unlawful.
B. It is insufficient to acknowledge that the Plaintiff received KRW 213,913,913 to 240,000 per day at the time of the above accident only with the evidence evidence Nos. 1-4, 6-10, and there is no other evidence to prove otherwise.
Rather, if Gap evidence Nos. 6 and Eul evidence Nos. 1 through 3 show the overall purport of the pleadings, at the time of reporting the confirmation of the content of employment insurance and industrial accident insurance work, "B" at the time of reporting the contents of employment insurance and industrial accident insurance work to the plaintiff's 10 days of work, total wage of 1,000,000 won (daily 100,000 won), and the spatial electricity of limited company also reported the contents of labor on Dec. 2, 2014 to the plaintiff's 20 days of work, total wage of 20,000 won (daily 100,000 won) is recognized.
(Records) The plaintiff's wages are close to the date of occurrence of a disaster and objective and reliable data are not found. Therefore, the disposition of this case is therefore taken.