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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which body's certification settles the monthly salary or income figure used to calculate relief money, and what figure does the provision treat as the ceiling?

General information · Not legal advice

Material to check

For this exercise the file holds the papers showing the victim's registered address, which identifies the tax office head or the head of the city, county or district office having jurisdiction, the victim's employment records showing the employing body, and the certificate of earnings actually obtained from one of those bodies or held out as another certificate of reliability.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the certificate as the anchor: the monthly salary, actual monthly income or average wage under the preceding paragraphs follows the certification of the tax office head having jurisdiction over the victim's address, the head of the relevant city, county or district office, or the head of the victim's employing body, or another certificate of reliability set by Presidential Decree, and where the victim's monthly salary or actual monthly income exceeds the multiple of the average wage the provision sets as the ceiling, that capped amount is deemed the monthly figure.

Another reading notes what the provision does not rank: it lists several certifying bodies without saying whose certificate prevails when two of them certify different figures, and it refers to the average wage as a base without saying which paper in the file establishes that average wage.

Your judgment

Where two of the named bodies have certified different earnings, whose figure should the file rely on?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to change the list of certifying bodies or the ceiling on the monthly figure, or if an authority decides how to resolve conflicting certificates from those bodies.

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