1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The contents asserted by the Plaintiff following the judgment of the court of first instance from the date of the judgment of the court of first instance to this court are not significantly different from the allegations in the court of first instance. Examining the evidence duly admitted and examined by the court of first instance along with the evidence added by this court, the fact-finding and judgment by the court of first instance are justified.

Therefore, this court's reasoning is as follows, except for changing "attached Form" of the judgment of the court of first instance to "attached Form" of this judgment and adding the following judgments to "attached Form 2" of this judgment, and therefore, this court's reasoning is as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. In calculating the average wage, which is the basis for calculating temporary layoff benefits, the Plaintiff asserts that it is unreasonable to assess the amount of temporary layoff benefits during the period of additional medical care by assessing the average wage of 167,90 won, not based on the average wage of 196,546 won stated in the insurance benefit ledger.

Article 56 (1) of the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act") provides that "for a person who receives additional medical care, the amount equivalent to 70/100 of the average wage calculated on the basis of the wage as at the time of the additional medical care shall be the daily amount of temporary disability compensation benefits. In such cases, the date on which a ground for calculating the average wage occurs shall be prescribed by Presidential Decree." Article 52 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that "the date on which a ground for calculating the average wage occurred" means

However, if there is time and medical continuity with the diagnosis that the injury or disease subject to additional medical care prior to the diagnosis is subject to additional medical care, it refers to the date of commencing such examination or treatment, etc.

On the other hand, Article 36(5) of the Industrial Accident Insurance Act.