1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons for the court's explanation concerning this case are as follows: (a) the two parties to the first instance court's 5th 13th 13th 7th 13th 5th 5th 5th 17th 17th 17th 17th 200 "average wage"; and (b) the plaintiff's new assertion in the first instance court is as stated in the reasons for the first instance court's judgment, except for addition of the judgment identical to paragraph (2) of this Article, and thus, they are cited as it is in accordance with Article 8(2) of the Administrative Litigation

2. Additional determination

A. In the trial of the court, the plaintiff asserts that even if the defendant could not calculate the average wage because all of the total wages paid during the calculation period of average wage is not clear, the defendant should have calculated the average wage in consideration of the amount of income certified by the plaintiff and the wages in the monthly labor statistics survey report, there is an error of law by calculating the average wage based on the wage in the monthly labor statistics survey report and abusing the discretion.

B. In light of the following, where it is difficult to calculate the average wage by the principle under the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, the special case on the calculation of the average wage is not immediately applicable, but the reasonable method of calculating the average wage that can be calculated by the actual calculation of the ordinary wage of workers should be found (see Supreme Court Decision 2011Du2545, Jan. 12, 2012). However, as the court of first instance properly revealed in the first instance, the method of calculating the average wage cannot be found because the Plaintiff’s certificate of income was not a material that can reasonably calculate the average wage, as well as the fact that it did not play a role as a material that could reasonably calculate the average wage, even if considering the matters stipulated in each subparagraph of Article 5 of the Public Notice on the Special Cases concerning the Calculation of Average Wage, the Defendant’s determination that the wage