1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On March 1980, the Plaintiff was employed at B Mining Center and retired on July 10, 1989, and thereafter was diagnosed as pneumoconiosis and determined as eligible for medical care under the Industrial Accident Compensation Insurance Act on April 12, 1999.

B. In paying insurance benefits to the Plaintiff, the Defendant calculated the first special average wage as KRW 56,313.40 in accordance with the special case for calculating the average wage for a person suffering from an occupational disease at the time of diagnosis of pneumoconiosis (hereinafter “special case average wage”), and applied the increased or decreased amount as the average wage.

C. From April 1989 to June 1, 1989, the Plaintiff confirmed that the Plaintiff’s standard monthly income on the certificate of payment of national pension contributions is KRW 630,000. As such, the Plaintiff calculated the average wage at the time of retirement based on this basis and corrected the increased or decreased wage as the first average wage until the date on which the occupational disease was confirmed. Based on this, the Plaintiff filed a claim for the difference in the average wage and the insurance benefits to the effect that the difference is changed

On January 14, 2010, the defendant's standard monthly income for national pension to the plaintiff from April 1989 to June 1 of the same year, and the plaintiff's average wage calculation period from April 10, 1989 to the same year.

7. 9. The Plaintiff’s application for correction of the average wage was rejected on the ground that it was not against the period until September, and the instant disposition rejecting the difference in insurance benefits.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 평균임금산정 특례 고시 제5조 제2호에 의하면 임금총액의 전부가 명확하지 아니한 경우 소득세법령상 기재된 소득자별근로소득원천징수부, 국민연금법ㆍ국민건강보험법ㆍ고용보험법상 신고된 보수월액ㆍ소득월액ㆍ월평균임금 등에 관한 사항을 감안하여 평균임금을...