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(영문) 서울행정법원 2019.11.14 2018구합89411
평균임금 정정신청 및 보험급여차액청구 불승인처분 취소 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

A. C is a person who has completed the registration of a personal entrepreneur who runs a construction business, etc. under the trade name of “D”, and E is a husband of C, who actually operates D.

B. Around 10:00 on August 1, 2018, the net F (hereinafter referred to as “the net”) fells into the floor with a panel, which was vadying off 6 meters above the roof of the ground, and died by a multi-draculous dye, etc. on the same day on the same day, while performing the dismantling of the roof panel at D’s workplace.

(hereinafter “instant accident”). C.

Around September 2018, the Defendant recognized the instant accident as an industrial accident and calculated the average wage of the deceased as KRW 1.50,000, based on which the Defendant calculated the lump-sum bereaved family and funeral expenses, and paid KRW 71,175,000 for a lump-sum bereaved family and funeral expenses to the Plaintiffs, who are the bereaved family members of the deceased, on September 21, 2018.

On November 12, 2018, the Plaintiffs filed a claim against the Defendant for “The daily allowance of the Deceased at the time of the instant accident shall be corrected to KRW 200,000 and the subsequent difference in insurance benefits shall be paid.”

On December 6, 2018, the defendant dismissed the plaintiffs' claim on the ground that "the daily allowance of the deceased is 1.50 million won when comprehensively considering the data submitted by the business owner and the report on the investigation of the actual wage status of the G Association, etc." was confirmed as an ordinary part without construction work experience.

(hereinafter “Disposition” (hereinafter “instant Disposition”). (In fact that there is no dispute, entry in Gap’s Evidence Nos. 1, 2, 4, and 7, and the purport of the entire pleadings, the gist of the Plaintiffs’ assertion as to the legitimacy of the Disposition in this case was agreed to receive KRW 200,000 per day on July 2018, and the deceased began to work in his workplace.

This stated that the deceased’s work cost was KRW 200,000 won on July 31, 2018 and August 1, 2018 in the statement of payment of daily work cost under D’s name (hereinafter “statement of labor cost”) and that E promised not to file a separate civil lawsuit against the plaintiffs after the instant accident.

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