The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. In order to find the necessary size of glass on December 3, 2019, the Plaintiff was employed by B Co., Ltd. (hereinafter “B”), and the Plaintiff suffered an accident that the Plaintiff was unable to check the weight of the glass that the Plaintiff was suffering (hereinafter “instant accident”). At that time, the Plaintiff obtained medical care approval for the injury to the celebroids No. 11-12, the pressure table No. 12, and the left-hand fingers and tensions on the left-hand fingers.

B. On January 20, 2020, the Plaintiff filed an application with the Defendant for exemption from the ordinary labor coefficient by deeming that the total number of days worked at B and other places of business during one month prior to the occurrence of the instant accident is at least 25 days, and thus, constitutes a person subject to exemption from the ordinary labor coefficient.

On January 23, 2020, the Defendant issued a non-approval disposition (hereinafter “instant disposition”) on the ground that “the Plaintiff’s actual working days during one month prior to the occurrence of the instant accident are less than 17 days which are less than the working days excluded from the application of the coefficient of ordinary labor (2.3 days), and thus does not fall under those excluded from the application of the coefficient of ordinary labor.”

C. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant. However, the Defendant is confirmed to be 25 days if the number of working days worked at another site during one month prior to the occurrence of the instant accident is all equal. As such, the average wage under the Labor Standards Act should be calculated according to the Plaintiff’s assertion. As daily workers are employed on a daily basis without continuity of employment, it is reasonable to calculate the average wage on the basis of the wage paid during the period in which continuity of employment is recognized at the workplace where the Plaintiff’s accident occurred. From November 24, 2019 to December 2, 2019, the employment at the workplace where occupational accidents occurred without an interim interruption.