1. The Defendant’s disposition of determining the average wage to the Plaintiff on July 29, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Details of the disposition

From December 12, 2013, the Plaintiff entered into a labor contract with C, the owner of a multi-family house, which is located in Yangsan City B, at the site of new construction of multi-family house in Yangsan-si B and continued to take charge of creative works;

On December 2, 2013, a disaster falling at a height of 2.5m on December 13, 2013, and filed a claim for temporary layoff benefits against the Defendant during the period of medical care due to the “cerebral blood, etc. from the Mali-gu Government.”

The Defendant determined and notified KRW 88,913.27 as the Plaintiff’s average wage, on the ground that there is no objective data to verify KRW 200,000 per day claimed by the Plaintiff, by multiplying the unit price of the creative wage in the second half of the year 2013 by the ordinary labor coefficient of KRW 121,79.

On February 25, 2014, the Plaintiff filed a claim for the correction of average wages and the payment of the difference in the insurance benefits. However, on February 28, 2014, the Plaintiff dissatisfied with the above disposition by the Defendant and filed a request for re-determination with the president of the Korea Workers' Compensation and Welfare Service. On July 29, 2014, the president of the Korea Workers' Compensation and Welfare Service recognized the Plaintiff's daily wage as KRW 150,000, and decided to cancel the original disposition on the ground that it is reasonable to determine the Plaintiff's daily wage as the average wage, and the Defendant re-calculated the Plaintiff's average wage as KRW 109,500 in accordance with the purport of the above decision.

(hereinafter “Disposition”). The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee by asserting that the increased average wage as above did not reflect the actual average wage of the Plaintiff, but was dismissed on October 24, 2014.

[Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to the following facts: Gap’s evidence Nos. 1, 4, and Eul’s evidence Nos. 1 and 2; and the purport of the entire pleadings as to whether the disposition of this case is legitimate; and the Plaintiff’s daily allowances received KRW 400,000 from C on May 22, 2014; thus, the Plaintiff’s daily allowances shall be deemed KRW 200,000 without justifiable grounds. However, the Defendant is only KRW 300,000, excluding KRW 100,000, out of the above KRW 400.