1. The plaintiff's claim is dismissed.

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

1. The Plaintiff retired from the mobilization company North Korea Mining Center on October 20, 2001.

On February 18, 2002, the Defendant applied 62,004 won as average wage at the time of determining the medical care for pneumoconiosis with the Plaintiff.

The Plaintiff applied for the correction of the average wage and claimed for the difference in the amount of the insurance benefits, because the wage is not verified at the time of retirement of the Defendant.

On January 29, 2016, the Defendant confirmed that the Plaintiff applied for unemployment benefits to the Ministry of Employment and Labor after the Plaintiff retired from office on October 20, 201, and received the unemployment benefits, and confirmed the details of the receipt of the unemployment benefits. On the ground that the average wage under the Labor Standards Act at the time of retirement was confirmed to be 42,121 won 76 won (=21,060 won x 88 won x 2), and that the average wage under the Labor Standards Act should be applied to average wage 42,121 won 76 won under the Labor Standards Act and 62,004 won, which is the higher of the special wage under the Industrial Accident Compensation Insurance Act and 62,04 won, as average wage under the Industrial Accident Compensation Insurance Act.

(hereinafter referred to as "disposition in this case"). 【No dispute exists, Eul evidence No. 1, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. Insurance benefits for workers who suffered from occupational illness claimed by the Plaintiff shall be determined as average wages under the Labor Standards Act and special wages under the Industrial Accident Compensation Insurance Act, whichever is higher, and the amount shall be determined as average wages under the Labor Standards Act by making maximum use of the materials prescribed in Article 5 of the notification of special cases for calculating average wages even in the absence of materials to verify the individual income. However, the Defendant applied special wages under the Industrial Accident Compensation Insurance Act, which are the internal regulations of the Defendant, as average wages, on the ground that there is no data to estimate average wages under the Plaintiff’s internal provision of the Labor Standards Act. Thus, the instant disposition is unlawful.

(b).