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(영문) 서울행정법원 2020.06.25 2019구단64177
평균임금 정정신청 및 보험급여 차액 불승인처분 취소
Text

1. On April 19, 2019, the Defendant issued to the Plaintiff a non-approval for the correction of average wages and a disposition for the difference in insurance benefits, respectively.

Reasons

1. Details of the disposition;

A. On August 1, 2018, the Plaintiff’s attached B (hereinafter “the deceased”) suffered 2 degrees of images (hereinafter “the instant disaster”) from 82% of the physical surface due to a fire in the tank while performing the Coping Works inside the tank C oil pipeline transit tank (hereinafter “instant construction”). On August 1, 2018, the Plaintiff died of a multiple long-term unit due to telegraphic chrone, acute schee, schee, and schee transfusion.

B. According to Article 36 of the Industrial Accident Compensation Insurance Act and Articles 23 and 24 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, where the Defendant applies the average wage to the Plaintiff on January 3, 2019, the average wage shall be calculated by multiplying the daily wage of the relevant daily worker by the working coefficient publicly notified by the Minister of Employment and Labor in consideration of the actual working days of the relevant daily worker (hereinafter “ordinary work coefficient”), and the ordinary work coefficient publicly notified by the Minister of Employment and Labor is 73/100.

(See the relevant Acts and subordinate statutes). 80,167 won calculated by multiplying 73/100 was determined as the average wage of the deceased, and notified that it would be paid KRW 104,218,230, funeral expenses, KRW 10,763,580.

C. Accordingly, the Plaintiff asserted that the daily wage of the Deceased was KRW 220,000 at the time of the instant accident, and filed an application for the correction of average wages and the claim for the difference in insurance benefits with the Defendant.

On April 19, 2019, the Defendant calculated the average wage on the basis of the amount of wages to be paid to the person who suffered from a disaster on the first day of providing labor under the relevant Acts and subordinate statutes (applicable to the figure of ordinary labor). However, in the case of the Deceased, a written opinion of the accident investigation conducted by the Seoul Gangseo-gu Office of Employment and Labor.

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