1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On October 4, 2016, B, the Plaintiff’s spouse, was killed on the same day while performing the removal work of D’s factory storage at the Namyang-si, Namyang-si.

(hereinafter referred to as “the deceased”). B

The Plaintiff claimed for the payment of bereaved family's benefits and funeral expenses to the Defendant, and the Defendant recognized the deceased's daily allowance as KRW 100,000 after a disaster investigation, and calculated the average wage as KRW 73,000 by applying the coefficient of daily work for daily work, and decided to pay bereaved family's benefits (Lump-sum 50%, pension 50%) based thereon.

(hereinafter referred to as "the Disposition of this case". 【No ground for recognition' exists, Gap's 1 to 3, 4-1 to 3, and the purport of the whole pleadings.

2. Determination on this safety defense

A. The defendant asserts that in the lawsuit of this case on the premise that the daily wage of the deceased of this safety defense was 200,000 won, it is not permissible for the defendant to claim the difference between the insurance benefits alleged justifiable by the plaintiff and the insurance benefits actually received under the premise that the average wage and the bereaved family's benefits based thereon should be determined as property.

(b) Entry in the attached statutes of the relevant statutes;

C. 1) The provision of insurance benefits under the Industrial Accident Compensation Insurance Act does not directly stipulate specific claims, but only requires the Defendant’s decision to pay the insurance benefits, on the ground that the insurance benefits fall under the requirements of the Act and subordinate statutes. The revision of average wage also examines and determines the necessity of correction when the beneficiary of the insurance benefits files an application or the Defendant deems it necessary (under the relevant Acts and subordinate statutes, there is no clear provision regarding the application for correction of average wage in the same case, but Article 36(3) of the Industrial Accident Compensation Insurance Act and Article 22