1. On July 8, 2016, the Defendant issued a correction of average wages and a non-approval of the claim for the difference in insurance benefits against the Plaintiff.

1. Details of the disposition;

A. B (Representative: C) entered into a contract on the D Management Office and the Forest tending Project (Profit-making Penalty) (the construction period: from March 29, 2011 to April 24, 2011; hereinafter “instant Project”).

From September 20, 2010 to September 20, 2010, the Plaintiff was serving as a penalty.

B. On April 5, 2011, the Plaintiff was suffering from an accident where the alleys, etc. were exposed to trees while taking a punishment at the livering work site in relation to the instant project, which was located in Suwon-si, and suffered a frame of the right-hand ceiling interest, etc., and received temporary disability compensation benefits from the Defendant while receiving medical treatment under the Defendant’s approval around the above time.

However, in calculating the average wage that is the basis for the calculation of temporary layoff benefits, the Defendant assumed that the daily wage of the Plaintiff is KRW 90,000 [the amount calculated by subtracting the Plaintiff’s fee of KRW 20,000 from the wage of KRW 110,00 in accordance with the labor contract (Evidence (Evidence (Evidence (Evidence (Evidence) submitted by C)];

C. The Plaintiff asserted that the daily wage to be received from C is KRW 130,000, and claimed for the correction of the average wage and the payment of the difference in the insurance benefits. However, on July 8, 2016, the Defendant issued a non-approval disposition against the Plaintiff (hereinafter “instant disposition”).

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1-2, 2, 3, 8, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The argument of the parties in this case and the argument of the parties in this case 1) The plaintiff entered into a verbal contract with C to make daily allowances of KRW 130,000, and there was no mentioning about the user fee of mechanical saws owned by the plaintiff at the time of entering into the contract. Therefore, the plaintiff's daily allowances shall be KRW 130,000, and the disposition of this case issued on a different premise is unlawful. The defendant's employment contract made between C and the plaintiff (No. 2) (the wages are KRW 110,000,000, daily allowances are KRW 110,000, and the user fee of mechanical saws is 0.0.