1. On May 23, 2013, the Defendant’s rejection disposition against the correction of average wages and the payment of the difference in insurance benefits against the Plaintiff is revoked.

2...

1. Details of the disposition;

A. On May 21, 2007, the Plaintiff suffered occupational accidents while serving as a taxi driver belonging to Seongdong-gu Co., Ltd. (hereinafter “Songjin-gu”). The Defendant calculated the average wage as KRW 25,597.68 on the basis of the wage recorded in the wage ledger, and paid the insurance benefits based thereon.

B. Accordingly, the Plaintiff also included the remainder of the transport earnings (hereinafter “personal revenues”) other than the amount paid to the company (hereinafter “amount of taxi commission”) in the average wage. Since the nature of personal revenues is not clear, the Plaintiff’s average wage is calculated in accordance with Article 2004-22 of the Public Notice of the Ministry of Labor, and requested the Defendant for the correction of the average wage and the payment of the difference in the amount of insurance benefits. (c) On May 23, 2013, the Defendant did not have any objective data on the Plaintiff’s individual revenues, and the details of the wages paid to the Plaintiff at the workplace were clearly verified and the average wage was calculated lawfully based on such data, it is difficult to view that the Plaintiff’s total amount of wages is “where the total amount of wages is unclear.”

"To correct the average wage and refuse to pay the difference in the insurance benefits on the ground of this case" (hereinafter referred to as "instant disposition"). D.

On May 31, 2013, the Plaintiff filed a request for review to the Board of Audit and Inspection on May 31, 2013, but was dismissed on May 3, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the taxi driver has been forced to freely dispose of the remaining earnings after deducting taxi commission from daily transportation earnings, in addition to paying a certain amount of wages according to the actual number of working days each month to the taxi drivers under his/her jurisdiction.