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(영문) 대전지방법원 2015.10.16 2014구단1609

평균임금정정신청등불승인처분취소

Text

1. Of the instant lawsuit, “non-approval disposition, such as filing an application for correction of average wages for pneumoconiosis survivors’ annuities on October 7, 2014.”

Reasons

1. Details of the disposition;

A. On March 1, 1986, the deceased’s spouse B (CB, death on August 15, 201, hereinafter “the deceased”) joined a limited partnership company for the development of new industry (hereinafter “new industry”) and retired on March 28, 1989, and the new industry discontinued on October 31, 1990.

B. On Nov. 30, 200, the Defendant decided to pay the first average wage of the Deceased on May 8, 200 as KRW 61,615 as of the date of the precise diagnosis of pneumoconiosis. The Defendant decided to pay lump sum disability compensation falling under class 11 of the disability grade (=20 days x 61,615.26, and KRW 1 won per unit).

C. Since then, the Defendant has made a decision on the payment of lump-sum disability compensation benefits, disability compensation benefits, etc. to the deceased, and made a decision on the payment of survivors’ benefits, funeral expenses, and survivor compensation benefits to the Plaintiff

On September 5, 2014, the Plaintiff calculated the average wage as of “17,935 won” by adding the monthly average wage of 264,205 won to the Defendant as of “the monthly average wage of 1988 workers in 1988 and the monthly average wage of 1,075,130 won in 200 and the average wage of 406.93% in 200, which is the date of the close diagnosis of the pneumoconiosis of the Deceased’s pneumoconiosis, to the monthly average wage of 264,205 won in 198 and the monthly average wage of 1,075,130 won in 200 and the average wage of 406.93% in 200, the average wage of 1,075,130 won in 200, the date of the full diagnosis of the pneumoconiosis of the Deceased,” the Plaintiff applied for the reduction or decrease of the deceased’s average wage as of “the average wage of 196.75% in 196.6.6.”

E. On October 7, 2014, the Defendant calculated the average wage for the Plaintiff on the basis of the method of calculating the average wage for an occupation-related worker pursuant to the Labor Standards Act.

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