A. On December 12, 2002, the Plaintiff was receiving industrial accident medical care due to occupational accidents on November 29, 2003 while he/she was employed for Korea-based corporation.

B. Around December 2, 2004, the Defendant: (a) deemed that the Plaintiff received wages of KRW 3,409,364 from Han Han-chul Co., Ltd for three months prior to the date of the occurrence of the disaster (from August 29, 2003 to November 29, 2003); and (b) determined the Plaintiff’s average wage as follows: (c) the Plaintiff’s average wage as KRW 37,058.30.

1) Wages, allowances, etc. for three months prior to the date of a disaster: 3,03,00 won (i.e., ① from August 29, 2003 to August 31, 2003: 73,935 won (ii) from September 1, 2003 to September 30, 2003: 1,089,50 won (iii) from October 1, 2003 to October 31, 2003: 1,004,00 won (iv) from November 1, 2003 to November 28, 2003; 865,565 won) from August 28, 200 to September 31, 200; and (iv) the Plaintiff was employed for one year or more from September 1, 203 to 30 days before the date of the disaster; and (v) the Plaintiff was employed for one year or more from September 24, 2005.

= 376,364 won = 3,409,364 won as average wage (=3,03,000 won 376,364 won ±92 days = 37,058.30 won as average wage)

C. On September 15, 2015, the Plaintiff filed a claim with the Defendant for the correction of the average wage and the difference in the insurance benefits. On September 30, 2015, the Defendant rejected the Plaintiff’s claim for the correction of the average wage and the difference in the insurance benefits (hereinafter “instant disposition”) on the ground that the Plaintiff’s average wage was calculated based on the payment and bonus for the three-month period prior to November 29, 2003 and was lawful (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) On December 12, 2002, the Plaintiff entered into a labor contract on the condition that bonus 400% (2.880,000 won per year) is paid between Han-gu Co., Ltd. and Han-gu Co., Ltd. on the condition that bonus 400% (2.88,000 won per year) was paid. Thus, the bonus during the three-month period prior to the date of the occurrence of the disaster (i.e., 2., 280,000 won x 3/12)