평균임금결정처분취소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. From December 12, 2013, at the construction site for multi-family houses B (hereinafter “instant construction site”), the Plaintiff suffered from the injury or disease of “cerebral cerebrovassis, etc. from the head of the right side government” while being employed as daily workers and assisting E in the construction site for multi-family houses B (hereinafter “instant construction site”).
B. According to Article 36 of the Industrial Accident Compensation Insurance Act and Articles 23 and 24 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, where the Defendant approves medical care for the above injury or disease, and applies the average wage to a daily worker (worker who is employed on a daily basis or who is paid daily wages) by multiplying the daily wage of the relevant daily worker by the working coefficient publicly notified by the Minister of Employment and Labor in consideration of the actual working days of the relevant daily worker (hereinafter “ordinary work coefficient”), with respect to temporary layoffs against the Plaintiff, the average wage shall be calculated by multiplying the daily wage of the relevant daily worker by the working coefficient publicly notified by the Minister of Employment and Labor in consideration of the actual working days of the relevant daily worker for a month.
(See related Acts and subordinate statutes). The amount of KRW 88,913.27 calculated by multiplying the Plaintiff was determined and notified as the average wage of the Plaintiff.
Accordingly, the Plaintiff asserted that the daily wage was KRW 200,000,000 at the construction site of this case, and claimed the Defendant for the correction of the average wage and the payment of the insurance benefits, but the Defendant decided not to approve it on February 28, 2014.
C. The Plaintiff appealed and filed a request for review with the president of the Korea Workers’ Compensation and Welfare Service. The president of the Korea Workers’ Compensation and Welfare Service (Korea Workers’ Compensation and Welfare Service) did not limit the Plaintiff’s daily wage to KRW 200,000, and the Plaintiff’s daily wage at the construction site of this case is KRW 150,000, and on this basis, revoked the above non-approval decision on July 29, 2014.