1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The main point of the grounds for appeal and the accident are recognized as a proximate causal relationship, and there is a reason to calculate the average wage only when the injured worker becomes a beneficiary of the insurance benefits due to occupational diseases.

However, the court below held that it is reasonable to calculate the average wage on the basis of the above, since the wage received for 7 days at the Chungcheong Chemical Ethical Ethical Ethical Ethical Ethical Ethical Ethical Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal

2. Determination on the grounds for appeal

A. Article 19 of the former Labor Standards Act (wholly amended by Act No. 8372 of Apr. 11, 2007) provides that average wages shall be the amount calculated by dividing the total amount of wages paid to the relevant worker during three months prior to the date of occurrence of the cause for calculating the amount by the total number of days during which the cause for calculating the amount occurred. Article 2(1) of the Enforcement Decree of the Labor Standards Act provides that the period of probation (the period during which the training is used, the period of suspension of work due to reasons attributable to the employer, the period of leave before and after childbirth, the period of suspension of work for medical care due to occupational accidents, the period of childcare leave, the period of childcare leave, and the total amount of wages paid during the period shall be excluded from the period and the total amount of wages.

The reason why the wage paid during a certain period of time is excluded from the average wage calculation period and the total wage is based on the Labor Standards Act.