Plaintiff (Attorney Park Jae-soo, Counsel for defendant-appellant)

Korea Labor Welfare Corporation

November 23, 2012

Seoul Administrative Court Decision 2011Gudan12330 decided June 21, 2012

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance shall be revoked. The defendant's disposition of refusing to approve the correction of the average wage against the plaintiff on February 16, 2011 shall be revoked.

This court's reasoning is the same as that of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In this court, the plaintiff asserts that it is clearly inappropriate for the court to calculate the average wage, which serves as the basis for calculating the insurance benefits under the Industrial Accident Compensation Insurance Act, based on the plaintiff's average wage, due to the accident in this case during the training period. Thus, in light of the basic principle of calculating the average wage in order to accurately reflect the ordinary wage of workers, the plaintiff's average wage should be calculated according to the average wage of the same worker working at ○○ Mining Center at the time of the accident in this case and the average wage of the same worker in the same kind in the report on fact-finding status quo by occupation. However, the ground as alleged by the plaintiff alone cannot be said to be that the average wage, which serves as the basis

Therefore, the judgment of the first instance is just, and the plaintiff's appeal is without merit. The plaintiff's appeal is dismissed.

Judges Kim Chang-chul (Presiding Judge) and Yang Chang-chul