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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On June 20, 2005, the Plaintiff served as a sales salesperson and a building cleaning agent for cement Cement Co., Ltd. (hereinafter “company”), and was subject to an accident going beyond cleaning on June 20, 2005, and claimed temporary layoff benefits against the Defendant, upon obtaining medical care approval from the Defendant, on the “Weatum base, scopical base, scopical base, right upper part, and scopical base.”
B. Accordingly, the Defendant calculated the Plaintiff’s average wage as 49,950 won based on the total wage paid during the period from June 1, 2005, which was the time when the Plaintiff newly employed as a temporary contract worker after retirement from the company, to the day before the disaster, and paid temporary disability compensation benefits. The Plaintiff filed a claim for the correction of the average wage to the effect that the average wage, including the wage and bonus received from the company before June 1, 2005, is changed in property, and won in the administrative litigation.
(Seoul Administrative Court Decision 2007Gudan1081 Decided November 21, 2008 (Seoul Administrative Court Decision 2007Gudan1081 decided November 21, 2008). The appeal court (Seoul High Court Decision 2009Nu1800 decided July 16, 2009) decided that the defendant's appeal was dismissed, which was the appellate court, became final and conclusive after the dismissal of the appeal by the defendant. The plaintiff is finally subject to the average wage corrected by
C. However, in June 2005, the Plaintiff: (a) deemed all KRW 10,084,036, which is the amount of benefits received from the company, as the wage; (b) determined the average wage including KRW 92,00,000 and KRW 20,000, which is the amount of continuous service allowances omitted from the wage for June 2005; and (c) paid the difference in the amount of temporary disability compensation benefits; and (d) submitted an application for correction of average wage and a written claim for the difference in temporary disability compensation benefits on August 9, 201; (b) on September 21, 201, the Defendant rendered a decision on the adjustment of the average wage and the payment of the difference in the amount of temporary disability compensation benefits (hereinafter “instant disposition”).
【Unsatisfy-based dispute”, Gap 1 through 5