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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From March 12, 2010, the Plaintiff was working as a daily worker at the site of the construction of a building located in the Gyeongnam-gun, Namnam-gun, the owner of the building (hereinafter “instant construction”). On April 11, 2010, the Plaintiff was killed on the ground while dismantling a retaining wall and concrete installed, and was under the 11st plebial pressure frame, and was under medical treatment with the approval of the Korea Workers’ Compensation and Welfare Service for the said accident (hereinafter “instant industrial accident”). The Plaintiff completed the medical treatment on January 31, 2012.
B. From March 12, 2010 when the Plaintiff started work at the site of the instant construction project, the Korea Workers’ Compensation and Welfare Service recognized the total amount of wages for 30 days from March 12, 2010 to April 10, 2010 (70,000 won per day x 25 days per actual working day x 25 days) as 1,750,000 won, and determined the Plaintiff’s average wage per day as 58,333.33 (1,750,000 won ± 30 days). Based on this, the Plaintiff paid temporary layoff benefits (1,00 to April 11, 2010 or January 31, 2012) and disability benefits (Grade 10) to the Plaintiff.
C. On April 10, 2015, the Plaintiff filed an application for the correction of average wages with the purport that the Plaintiff’s room and board (60,000 won per day) borne by the Defendant during work at the instant construction site is the remuneration for the Plaintiff’s work, and should be included in the total amount of wages subject to the calculation of average wages. The Korea Labor Welfare Corporation approved it on May 7, 2015.
The plaintiff filed a lawsuit against the Changwon District Court 2015Gudan524 against the Korea Labor Welfare Corporation seeking revocation of the above non-approval disposition. The above court recommended mediation that the Korea Labor Welfare Corporation cancel the above non-approval disposition ex officio on the ground that the plaintiff's accommodation expenses (30,000 won per day of work) borne by the defendant constitutes the wage, which is the amount of work, and thus, should be included in the total amount of wage subject to calculating the average wage, and thus it should be re-calculated. The Korea Labor Welfare Corporation received it.