Standard point of time for calculating the average wage of the insurance benefits paid during the additional medical care (=date on which the occurrence of injury or disease subject to the additional medical care is confirmed)

Various insurance benefits under the Industrial Accident Compensation Insurance Act refer to average wages under the Labor Standards Act, paid at the request of a beneficiary at the time of occurrence of the accident compensation under the Labor Standards Act (Article 39(2) and Article 4 subparag. 2 of the Industrial Accident Compensation Insurance Act); average wages are calculated at the base point of time as of the day when the cause of calculation occurred (Article 19(1) of the Labor Standards Act). In the event of accident compensation, the date of occurrence of the cause of calculation becomes final and conclusive as of the day when the accident causing ideas occurred or by diagnosis (Article 65, Article 15320 of the former Enforcement Decree of the Labor Standards Act, which is the basis of calculation of average wages such as temporary layoff benefits, is "the day when the occurrence of the disease has been confirmed by the date of occurrence of the accident which is the cause of thought or diagnosis; and in the meantime, additional medical care is "the day when the disease or injury concerned has occurred by the first medical care or by the merger of the injury or disease concerned after the completion of the medical care."

Articles 4 subparag. 2 and 38 of the Industrial Accident Compensation Insurance Act, Article 19(1) of the Labor Standards Act, and Article 65 of the former Enforcement Decree of the Labor Standards Act (repealed by Presidential Decree No. 15320, Mar. 27, 1997)

Supreme Court Decision 94Nu12326 delivered on September 15, 1995 (Gong1995Ha, 3418) Supreme Court Decision 96Nu1875 delivered on March 28, 1997 (Gong1997Sang, 1263) Supreme Court Decision 97Nu13573 delivered on November 14, 1997 (197Ha, 387)

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 96Gu35301 delivered on October 21, 1997

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The court below held on December 29, 1984 that the defendant applied for the revision of the average wage, which is the basis for calculating temporary disability compensation benefits due to the additional medical care from the defendant on October 25, 1995, because the plaintiff was under occupational accidents, such as dynasium, due to the accident during the printing work, and was under medical care on May 13, 1987, and was reinstated to the original workplace after the completion of medical care on or around October 1995, and the first injury or disease occurred, and applied for the revision of the average wage, which is the basis for calculating temporary disability compensation benefits due to the additional medical care from the defendant on or around October 25, 1995. In rendering the disposition of this case on January 9, 196, the court below did not calculate the average wage by the total amount paid to the plaintiff on or before the date when the injury or disease subject to the additional medical care was confirmed by the diagnosis, i.e., the date of approval for the additional medical care, and revoked the disposition of this case.

Various insurance benefits under the Industrial Accident Compensation Insurance Act refer to average wages under the Labor Standards Act, which are paid at the request of a beneficiary at the time of occurrence of a cause for accident compensation under the Labor Standards Act (Article 38(2) and Article 4 subparag. 2 of the Industrial Accident Compensation Insurance Act); average wages are calculated at the base point of time as of the date of occurrence of the cause for calculation thereof (Article 19(1) of the Labor Standards Act). In the event of accident compensation, the date of occurrence of the cause for calculation thereof becomes final and conclusive as of the date of occurrence of an accident which causes ideas or by diagnosis (Article 65 and Article 15320 of the former Enforcement Decree of the Labor Standards Act before it was repealed by Presidential Decree No. 15320 of March 27, 1997); ultimately, the base point of time for calculating average wages, which are the basis for insurance benefits such as temporary disability compensation benefits, is "the date of occurrence of a disease by the diagnosis or diagnosis, which becomes final and conclusive after the completion of medical care, as of 196.3.197.4.5.

The decision of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to additional medical care, as otherwise alleged in the

Therefore, the appeal shall be dismissed, and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-sik (Presiding Justice)