실질임금미적용보험급여지급처분취소
1. On March 7, 2013, the Defendant revoked the disposition against the Plaintiff to pay the insurance benefits not subject to actual wages.
2...
1. Details of the disposition;
A. The Plaintiff’s references B worked as the captain of C(24 tons, he/she was found to have been dead on September 29, 2012.
Pursuant to Article 9 of the Act on Accident Compensation Insurance for Fishing Seafarers and Fishing Vessels (hereinafter referred to as the "Act on Accident Compensation for Fishing Seafarers") the Defendant calculated the deceased's average boarding wage of 233,33 won (7,00,000 won/30 days per month) on the ground that the deceased's boarding wage falls under cases where the deceased B (hereinafter referred to as "the deceased") died for reasons other than his/her duties while on duty while on duty, and paid the deceased's average boarding wage of 233,33,00 won (1,000 average boarding wage) on March 7, 2013 to the Plaintiff and D, who are the deceased's children, as the deceased's children, in accordance with Articles 27 and 28 of the Act on Accident Compensation for Fishing Seafarers, and paid the deceased's average wage of 233,33,000 won (1,000 won per day on the boarding wage)
(hereinafter “instant disposition”). (b)
The Plaintiff filed a request for review on July 16, 2013 to the effect that the instant disposition did not reflect the deceased’s actual wages, and that insurance benefits should be paid by applying the actual wages. The Plaintiff was dismissed on the ground that it was dismissed.
Therefore, the Plaintiff filed a request for reexamination with the Deliberation Committee on Fisheries Accident Compensation Insurance, but was dismissed on October 23, 2013.
[Recognition] Facts without dispute, entry of Gap evidence Nos. 3, 8 through 10, and 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Deceased received KRW 38,90,000 on nine occasions from E, the actual owner of C, and the entire amount should be regarded as the remuneration that the Deceased received, and the period of boarding should also be regarded as 56 days in view of the period during which a seafarer is on board. As such, the Deceased’s average boarding wage is 694,642 won (=38,900,000 won/56 days, and less than KRW 7,000). Even if the Deceased’s salary was 7,00,000 won per month, the Deceased’s average boarding wage was agreed between E and the Deceased.