평균임금정정불승인처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why this part of the disposition is stated are as follows: (a) except where the court determines the “fixedness” under Section 15 of the 2nd sentence of the judgment of the first instance as “calculated”, the relevant part of the reasoning of the judgment of the first instance is identical to the relevant part of the judgment; and (b) thereby, it is acceptable in accordance with Article 8(2)
2. Whether the disposition is lawful;
가. 원고의 주장 원고는 속칭 ‘오야지’로서 인력 조달, 원고와 원고가 조달한 근로자들의 급여 결정 및 지급 등에 관한 책임과 권한을 가졌고, 이러한 점을 고려하여 사업주 D은 원고에게 16.5일 근로에 대한 대가로 다른 근로자들보다 많은 4,098,000원을 지급하였으므로, 원고의 일당은 250,000원(≒ 4,098,000원 ÷ 16.5일), 평균임금은 182,500원(= 250,000원 × 통상근로계수 0.73)이다
The plaintiff stated that KRW 299,154 multiplied by KRW 4,098,000 in the complaint was the actual average wage, but this seems to be an error in calculation.
Therefore, the instant disposition taken on a different premise is unlawful.
B. Determination Nos. 3, 6, 8 through 11, part of Gap evidence 3 (including paper numbers; hereinafter the same shall apply), witness D's testimony of the first instance court and the fact-finding inquiry report to the mechanical industrial complex development fund of the first instance court in addition to the purport of the whole pleadings. ① Upon the plaintiff's request from Eul which is the business owner of Eul, the plaintiff took up about about about about about about about 4-5 workers and performed the work in Eul. ② D does not directly pay the plaintiff's daily wages to the workers who were going back to the plaintiff's account under the name of the plaintiff and paid the plaintiff's daily daily wages calculated by multiplying the total number of working days by the daily wage. ③ The plaintiff paid the daily wages to the workers who were taken out to the plaintiff with the above paid money by 10,000,000 won to 120,000 won based on the technical level, and the remaining amount calculated by the plaintiff's daily wages to the plaintiff and the workers who were suffering from D's daily wages.