1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. The following facts do not conflict between the parties:

From May 4, 1981 to June 30, 1987, the Plaintiff was employed as the Chutane Bhutan, and was determined as eligible for medical care for pneumoconiosis symptoms on February 4, 2003. The Plaintiff received insurance benefits until now according to the increased or decreased average wage based on the fluctuation rate of ordinary wages in the monthly labor statistics survey report based on the average wage of KRW 59,041,041, which was calculated as at the time of diagnosis of pneumoconiosis in 2003.

B. However, the Plaintiff, upon submitting the certificate of income in 1987 issued by the National Tax Service, revealed the income at the time of retirement, demanded to correct the average wage and pay the difference in the amount of insurance benefits. On October 27, 2010, the Defendant issued a disposition of non-approval of the amount of average wage correction and the payment of the difference in the amount of insurance benefits, on the ground that the calculation of the average wage under the Labor Standards Act is not in compliance with relevant

2. Whether the instant disposition is lawful

A. According to the Plaintiff’s assertion of income amount certificate issued by the National Tax Service, since the Plaintiff’s total amount of earned income in 1987 is KRW 3,506,326, the Plaintiff’s total amount of earned income is from January 1, 1987 to the same year as the total number of days during that period.

6. 30.)로 나눈 19,371.97원을 퇴직 당시의 평균임금으로 볼 수 있고 이를 진폐증 최초 진단일인 2003. 2. 4.까지 증감하면 104,604.53원임에도 불구하고 피고는 2003. 2. 4. 기준으로 원고의 평균임금을 59,041.73원으로 산정하였는바, 이는 부당하다. 나. 관련 법령 ◆ 산업재해보상보험법 제4조(정의

2. The term "worker", "worker", "average wage", and "ordinary wage" mean the "worker", "wage", "average wage", and "ordinary wage" as prescribed by the Labor Standards Act;

Provided, That if it is deemed difficult to determine the “wages” or “average wages” under the Labor Standards Act, the amount determined and announced publicly by the Minister of Labor shall be the “wages” or “average wages”.