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(영문) 서울행정법원 2020.01.14 2019구단9590
평균임금 정정 불승인 및 보험급여 차액 부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 23, 2018, the Plaintiff was employed by B as a daily employed worker, and was engaged in cutting-out operations at a wooden site located in the Jeonju-gun located in the Jeonju-gun (hereinafter in this case, referred to as the “site”) and suffered injury, such as “influences on the sloping of the slopings and alleys on both sides” (hereinafter in this case, the instant injury was caused by the Defendant’s medical care approval, and completed medical care on June 30, 2019.

The defendant recognized the plaintiff's daily wage as 190,000 won and paid 138,700 won multiplied by the coefficient of ordinary work experience 0.73 as the plaintiff's average wage.

B. On August 9, 2018, the Plaintiff sought a correction and reimbursement of the difference in average wage by asserting that the average wage should be calculated on the basis of receiving KRW 250,00,000 per working group C and daily wage. However, the Defendant recognized the Plaintiff’s daily wage as KRW 200,000 on the ground that the amount of money received by the Plaintiff is of a nature of supporting living or compensating for actual expenses, and determined to pay only KRW 146,750, which is calculated by multiplying the difference in temporary layoff benefits calculated as the Plaintiff’s average wage by 0.73 by 0.73,000 (the instant disposition rejecting the Plaintiff’s application as to the money portion) (the instant disposition rejecting the Plaintiff’s application as to the money portion).

C. The Plaintiff filed the instant lawsuit following a request for examination against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (i) The facts of recognition (B) granted C the right to employ workers at the instant site and to direct work, and provided C with the daily allowances of KRW 200,000 per head of the punished tree cover, as well as KRW 2,00,000 prior to the commencement of work at the expense of meal, oil, and lodging expenses, and KRW 6,60,000 on July 24, 2018.

Things C shall calculate the amount of KRW 200,00 per day to the other punishments who work together with the Plaintiff, including himself.

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