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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that operates an aircraft manufacturing business, etc., and the Plaintiff is a person who was employed and worked for the Defendant on December 1, 200 after receiving a diagnosis of unstable disorder caused by occupational stress on December 1, 200, and was under long-term care from the 13th to July 31, 2012 of the same month.
B. During the long-term care period, the Plaintiff received 70% of average wages directly from the Korea Labor Welfare Corporation and 30% of ordinary wages as stipulated in the collective agreement from the Defendant, respectively.
(1) The term “average wage” means the amount calculated by dividing the total amount of wages paid to a worker during the three-month period prior to the date on which a cause for calculating his/her average wage occurred by the total number of days during the said three-month period. The term “average wage” refers to the amount calculated by dividing the total amount of wages paid to such worker during the three-month period from the date on which the cause for calculating his/her average wage occurred by the total number of days during the said three-month period. Article 60 (Annual Leave) (1) An employer shall grant 15-day paid leave to a worker who has worked not less than 80 percent for one year. (6) In applying the provisions of paragraphs (1) through (3), a period falling under any of the following subparagraphs shall be deemed to have worked. (1) An employer is required to pay 60/100 of average wage during the period of his/her medical treatment to a worker under medical treatment pursuant to Article 78 (2) of the Enforcement Decree of the Labor Standards Act (ordinary wage).
3) Article 52 of the Industrial Accident Compensation Insurance Act (Temporary disability compensation benefits shall be paid to a worker who suffers from an injury or disease due to occupational reasons for a period during which he/she is unable to work as a medical care, and the daily amount of payment shall be equivalent to 70/100 of average wages