1. On November 8, 2013, the Defendant’s non-approval of the average wage correction and disposition of the difference in the amount of the insurance benefits, made against the Plaintiff.

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) worked in C Co., Ltd. (hereinafter “instant workplace”) from June 11, 1978, and was judged as class 13 of the disability grade as a result of the precise diagnosis of pneumoconiosis on July 7, 1986 after retirement.

On February 22, 2008, the Deceased was determined as a person subject to medical care due to pneumoconiosis mergers, and was paid insurance benefits calculated based on the average wage of KRW 79,008,008 calculated on the basis of the average wage of a patient with a occupational disease as prescribed by the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) which was in force at the time of the diagnosis of pneumoconiosis on November 23, 2003 (hereinafter “Industrial Accident Compensation Insurance Act”) (hereinafter “Special Cases for Calculation of Average Wage”) before he/she died on November 1, 201.

B. On September 24, 2013, the Plaintiff, a spouse of the Deceased, confirmed the income amount of 1986 as KRW 3,738,155, based on the income certificate issued by the National Tax Service in the case of the Deceased, and the amount of wages of KRW 17,147,05 per day divided by 218 working days in the year 1986, shall be the average wage at the time of retirement. As such, the Plaintiff, a spouse of the Deceased, requested the Defendant to correct the average wage by increasing or decreasing the amount by August 23, 2003, which is the date of diagnosis for pneumoconiosis symptoms, and to pay the difference between the already paid insurance benefits.

C. On November 8, 2013, the Defendant issued a corrective non-approval of average wages and a disposition of the difference in the amount of insurance benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “The total amount of wages cannot be confirmed for three months prior to the date on which the cause for calculating the amount of income arises, with respect to the content of the income amount proved by the income amount, and the amount of average wages cannot be calculated on the grounds that the detailed constituent elements of wages are not verified

On November 13, 2013, the Plaintiff requested the Board of Audit and Inspection to examine the Plaintiff, but on November 30, 2015, the Plaintiff’s request for examination was dismissed.

[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

A. The Plaintiff’s instant disposition is based on the following grounds.