For a person receiving retreatment, wages as of what time form the basis for calculating the average wage, and what does the provision leave to Presidential Decree on that point?
General information · Not legal advice
Material to check
In a practice file we read the agency decision granting retreatment, the wage records covering the period the average wage is built from, and any written decision setting the daily unemployment benefit, since each bears on the wage basis at the time of retreatment and the date fixed for calculating the average wage.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision on its own terms: for a person receiving retreatment, the daily unemployment benefit is, as a rule, the stated proportion of the average wage calculated on the basis of wages at the time of retreatment, subject to the provision's minimum wage floor and to its limit where a disability pension is being received, and the provision expressly leaves the date on which the reason for that calculation arises to be set by Presidential Decree, so the Act itself does not fix it.
Another reading stresses the express disapplication: when the unemployment benefit payable during the retreatment period is calculated, the rule the provision cross-refers to is not applied, yet the provision describes that disapplication only as a matter of calculation and says nothing about when payment for retreatment begins, when it ends, or what follows for a claim made late.
Your judgment
Which date in the file records when the ground for calculating the average wage arose, and does the evidence show that it falls at the time of retreatment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if Presidential Decree sets the date of the reason for average wage calculation, or if an amendment states what the cross-referenced rule does or does not do during the retreatment period.