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(영문) 서울행정법원 2016.10.21 2015구단54516
평균임금정정일부불승인및보험급여차액일부부지급처분취소
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1. On June 17, 2014, the Defendant’s disposition of non-approval of the average wage correction and the disposition of claim for the difference in the amount of insurance benefits, which the Plaintiff claimed.

Reasons

1. Details of the disposition;

A. B, while serving in the Korea Coal Corporation and the Korea Coal Corporation from February 15, 1970, received disability compensation benefits after being diagnosed as pneumoconiosis for the first time on February 1, 1985 and being determined as class 11 of the disability grade, and received disability compensation benefits on October 5, 1989.

After that, B was diagnosed on March 29, 201 and the disability grade was changed to Grade VII No. 15.

Accordingly, on August 16, 2011, B received disability consolation benefits of KRW 30,219,270, which applied 127,185 won as average wage as of February 1, 201, which applied 48 won as of February 1, 201, as average wage, pursuant to Article 36(3) of the Industrial Accident Compensation Insurance Act, the average wage of KRW 12,245 won (hereinafter “the first average wage”) was the date when the cause for calculating the point of time of diagnosis for the first pneumoconiosis was occurred, and died on February 7, 2013.

On February 28, 2014, the Plaintiff, the wife of the deceased B (hereinafter referred to as “the deceased”), received KRW 106,188,390, which applied the average wage of KRW 136,138 as of February 1, 2013, applying the first average wage pursuant to Article 36(3) of the Industrial Accident Compensation Insurance Act as the average wage of KRW 106,18,390.

B. On May 21, 2014, the Plaintiff applied the amount of increase or decrease of the average wage (hereinafter “average wage at the time of retirement”) calculated on the date of occurrence of the cause for calculating the date of the deceased’s retirement, rather than the amount of increase or decrease of the initial average wage applicable to calculating disability consolation benefits and bereaved family consolation benefits, and filed an application for correction of the average wage and a claim for the difference in the amount of insurance benefits, claiming the difference in the amount of the insurance benefits accordingly. On June 17, 2014, the Defendant issued a disposition on the ground that, on June 17, 2014, the average wage applied to calculating disability consolation benefits and bereaved family consolation benefits of the deceased was increased or decreased by the initial average wage increase

C. On August 26, 2014, the Plaintiff is dissatisfied with the above disposition and filed a request for examination against the Defendant.

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