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(영문) 울산지방법원 2014.06.26 2014구합1141
평균임금정정불승인처분취소
Text

1. On December 31, 2013, the Defendant’s disposition of non-approval of the average wage correction issued to the Plaintiff is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On March 27, 2013, while working for the Plaintiff Company B (hereinafter “Nonindicted Company”) as a member of the Company B, the Plaintiff was suffering from occupational accidents of “the garreging and spawn 12 heading, the spawn joints of spawn 12, the spawn joints of spawn, the spawn spawn (3, 4, and 5), and the damage of the warden without open windows” and received medical care as an industrial accident.

나. 피고는 원고의 2012년도 근로소득원천징수부를 기초로 원고가 이 사건 재해를 입기 전까지 3개월 간(2012. 12. ~ 2013. 3.) 소외 회사로부터 월 270만 원을 지급받은 것으로 보아, 아래 계산 내역과 같이 원고의 평균임금을 90,000원으로 결정하였다.

1) Total amount of wages for three months before the date a disaster occurs: 8,100,000 won (i.e., ① from December 27, 2012 to December 31, 2012: 2,700,000 won x 5 days/31 days x 435,484 won x 2,700,000 won from January 1, 2013 to February 28, 2013: 2 months x 5,400,000 won x 36 March 26, 2013: 2,70,700,000 won x 2,70,000 won x 26 days x 2,261 days x 2,264,2516, 200,000 won ± 90,000 won ±

C. On July 15, 2013, the Plaintiff filed a claim for the correction of average wages with the Defendant, but on July 17, 2013, the Defendant issued a non-approval for the correction of average wages (hereinafter “instant disposition”) on the ground that it is unclear whether KRW 3.5 million as stated in the Plaintiff’s wage ledger was paid in full as remuneration for work.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 2012, the Plaintiff asserted that the Plaintiff agreed to receive KRW 3.55 million per month by raising the wages between the non-party company and receiving KRW 3.55 million per month from that time to that time, and received KRW 3.5 million per month from the non-party company. Nevertheless, the Defendant issued the instant disposition on the premise that the Plaintiff’s wages are KRW 2.7 million per month, and thus, the instant disposition was unlawful.

(b) Appendix attached to the relevant legislation;

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