Whether it is possible to calculate the average wage, which is the basis of temporary disability compensation benefits under the Industrial Accident Compensation Insurance Act, based on the "processed bonus agreed in the process of concluding a collective agreement" (negative)

The accident compensation under the Industrial Accident Compensation Insurance Act shall be paid within the scope of wages which a worker has actually received or is expected to receive in reality at the time of occurrence of an insurance cause, so it shall be paid after the reduction of bonuses between the employer and the employer at the time of conclusion of a collective agreement. However, even if the average wage was calculated in order to minimize the disadvantage of workers, it cannot be calculated by calculating the average wage, which is the basis of temporary disability compensation benefits under the Industrial Accident Compensation Insurance Act, based on the "a processed bonus that is not actually paid or does not have to be paid in reality" based on the "in

Article 4 subparagraph 2 of the Industrial Accident Compensation Insurance Act, Article 41 of the Industrial Accident Compensation Insurance Act, Article 19 of the Labor Standards Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 2002Nu6233 delivered on January 22, 2003

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

An accident compensation under the Industrial Accident Compensation Insurance Act shall be paid within the scope of wages which a worker has actually received or is expected to receive in reality at the time of occurrence of an insurance cause (see Supreme Court Decision 80Nu411, Dec. 9, 1980). Thus, when a collective agreement is concluded, bonuses shall be reduced and paid between the employer and the employer. However, even if an agreement was reached on the basis of the amount and percentage of bonuses as before in calculating average wages in order to minimize disadvantages to workers, it cannot be calculated on the basis of the "processed bonus that has not been actually paid or has not been paid," which is the basis of temporary layoff benefits under the Industrial Accident Compensation Insurance Act.

In the same purport, the judgment of the court below that the disposition of this case, which determined the Plaintiff’s average wage at the time of occurrence of an insurance cause on the basis of only the bonus actually paid or to be paid by the Plaintiff, is justifiable, and there is no error of law by misapprehending the legal principles on average wage

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-chul (Presiding Justice)