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(영문) 서울행정법원 2015.08.20 2014구단9304
평균임금정정불승인처분취소
Text

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 April 18, 2012, the Plaintiff received an accident at the construction site, and thereafter provided medical care from April 18, 2012 to January 15, 2013 with the Defendant’s approval, such as “the aggregate of five per unit” (hereinafter “the instant injury”).

B. On May 2, 2013, the Plaintiff received an accident at a construction site, and thereafter provided medical care from May 2, 2013 to September 18, 2013, with the Defendant’s approval, to “Seong-gu, the left-hand sloping, the upper-hand sloping seat, and the chest seat.”

C. On October 14, 2013, the Plaintiff obtained approval from the Defendant for additional medical care on the grounds that the instant injury and disease requires an operational treatment, and received the surgery on October 31, 2013 and received the additional medical care until January 21, 2014.

Around March 27, 2014, the defendant calculated the minimum wage in paying temporary layoff benefits during the period of additional medical care, and the plaintiff filed an application for correction of average wage to the defendant to request the calculation of temporary layoff benefits based on the daily wage of 150,000 won.

E. On March 31, 2014, the Defendant rejected the Plaintiff’s application for correction of the Plaintiff’s average wage on the ground that “Around October 14, 2013, the date of the diagnosis of additional medical care,” excluding the period of medical care due to an industrial accident, is not verified due to the lack of the working details of “from September 19, 2013 to October 13, 2013” during the remainder of the period excluding the period of medical care due to an industrial accident, and thus, it is reasonable to calculate the amount of temporary layoff benefits with the minimum wage (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 6 evidence, Eul 6, 10, 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) around April 10, 2013 in the hospital B; and (b) around June 18, 2013 in the Seongbuk Central Hospital, the Plaintiff was diagnosed as having been in need of an operation on each of the instant injury and disease.

Therefore, on October 14, 2013, the Plaintiff filed an application for re-medical care, and reported on October 14, 201 as the date of re-medical care diagnosis.

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