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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 2, 2013, while the Plaintiff was employed as a daily worker in B on January 8, 2013, the Plaintiff was under medical care until October 17, 2014, due to occupational accidents involving the right knee, etc. while performing mechanical manufacturing work within the factory B located in Incheon-si C.
B. The Defendant deemed that the Plaintiff received KRW 170,00 per day from B and determined the Plaintiff’s average wage as KRW 124,100 per day (=170,00 per day x 0.73) based on the statement of wage payment, wage confirmation, account transaction details, etc.
C. On January 19, 2015, the Plaintiff was paid KRW 4,098,00 from B twice to the Defendant, but there was a difference in calculating the average wage on the basis of only one minute paid first, and the Plaintiff was paid KRW 4,098,00 for the 16.5 day service, and the Plaintiff’s daily wage was claimed as KRW 2,50,00,000 for the 16.5 day service and applied for a correction of the average wage.
On April 1, 2015, the Defendant asserted that money and valuables paid additionally on April 1, 2015 are the difference between the Plaintiff’s daily wage and the Plaintiff’s assertion that the amount includes the omitted wage of the employee employed in B, and according to the Ministry of Employment and Labor’s report of daily employment from B to January 2, 2013, the Defendant denied the Plaintiff’s application for correction of the Plaintiff’s average wage on the ground that there was a lack of objective proof materials to prove that the Plaintiff’s initial average wage was reported as KRW 170,000 per day from January 1 to February 2, 2013, and that he received KRW 110,000 to KRW 120,00 per day from
(hereinafter “instant disposition”) e.
Since then, on May 20, 2015, the Defendant submitted a document of alteration with D to the Plaintiff and B, who is the business owner of the Plaintiff on May 20, 2015, and operated the daily amount of KRW 1.70,000,000 per day for the reason that the daily wage at the time of the occupational accident was corrected to KRW 1.30,000,000 per day.