1. The plaintiff's claim is dismissed.

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

1. From March 12, 2010, the Plaintiff was working as a daily worker at the site of the construction work in Gyeongnam-Gun C (hereinafter “instant construction work”). On April 11, 2010, the Plaintiff: (a) fell on the ground; (b) was under the Defendant’s approval for a disaster of the 11st chest pressure frame; and (c) completed medical treatment on January 31, 2012, pursuant to the Defendant’s decision that had to complete medical treatment until January 31, 2012.

In calculating the Plaintiff’s average wage, which serves as the basis of temporary layoff benefits, disability benefits, etc., the Defendant recognized the Plaintiff’s total wage for 30 days from March 12, 2010 to April 10, 2010, which began to work at the construction site of this case, as KRW 1,750,000 (daily KRW 70,000 x the actual working days x 25 days). Meanwhile, the Defendant accepted the Plaintiff’s application for exemption from the Plaintiff’s ordinary labor coefficient pursuant to Article 24(2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and determined the Plaintiff’s average wage as KRW 58,333,333 ( KRW 1,750,000 ± 30 days) and paid the Plaintiff temporary layoff benefits and disability benefits (Grade 10) accordingly.

Around January 30, 2012, the Plaintiff filed an application with the Defendant for approval of a medical treatment plan to the effect that it is necessary to continue medical treatment until December 30, 2012, even after January 31, 2012. On February 3, 2012, the Defendant rendered a disposition of non-approval on the ground that it is reasonable to complete medical treatment after receiving medical treatment until January 31, 2012, since the Plaintiff’s symptoms are fixed.

On January 14, 2013, the Plaintiff filed a suit against the Defendant for revocation of the non-approval disposition, and received a dismissal judgment (Seoul Administrative Court 2013Guhap1362) on August 30, 2013, and appealed and filed a final appeal on October 10, 2014 (Seoul High Court 2013Nu2919), and filed a final appeal on January 29, 2015 (Supreme Court 2014Du13461).

On April 10, 2015, the Plaintiff’s accommodation cost (60,000 won a day) borne by B to the Defendant at the instant construction site.