[손해배상등][집17(1)민,196]
In determining the liability for damages caused by a tort and the amount thereof, the actual circumstances taken into account undermining the victim's negligence;
In determining the liability for damages caused by a tort and the amount thereof, the victim's negligence is less taken into account.
Articles 396 and 763 of the Civil Act
Plaintiff 1 and six others (Attorney Kang Han-sik, Counsel for the plaintiff-appellant)
Korea Coal Corporation (Attorney Jeon Young-soo, Counsel for the defendant-appellant)
Seoul High Court Decision 68Na427 delivered on October 17, 1968
The part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the Seoul High Court.
The defendant's attorney's ground of appeal No. 1
According to the judgment of the court below, the non-party 1, who is a mining unit part of the defendant 1's mining center, died of the accident on July 15, 1916, and the deceased would have been able to obtain net income of 7,000 won per month by working as a mining unit until 53 years within the scope of a collective agreement without this building. The purport of the judgment that the non-party 1, who is the deceased non-party 1, can be employed as a mining unit until 53 years of age, is that the age of 53 years of age, and that the non-party 1, who is the deceased's mining center, did not suffer from the above mining foundation's negligence. Thus, according to the court below's judgment's reasoning that the non-party 1, who was the deceased non-party 1, did not suffer from the above mining foundation's 53 years of age and that the non-party 1, who was the deceased's 53 years of death, should not have been 16th day of July 196.
Judgment on the same ground 2
According to the reasoning of the judgment of the court below, the court below rejected the defense by the defendant's representative that the non-party 1, who is his wife, received 403,250 won of the bereaved family compensation as stipulated in the Labor Standards Act from the defendant as a specific person because the deceased's wife died due to the accident in this case. However, in light of the provisions of Article 82 of the Labor Standards Act and Articles 50 through 52 of the Enforcement Decree of the same Act, bereaved family's compensation as stipulated in the Labor Standards Act shall be interpreted as a specific person's own right in the order of the bereaved family members to receive the compensation, and it shall not be paid for the whole bereaved family members. Thus, it shall not be deducted from the damages suffered by the claimant other than the recipient's compensation. However, if the worker died on duty, the bereaved family's compensation was paid with compensation under Article 82 of the Labor Standards Act, and the damages of the lost interest shall be deemed compensation within the scope of the judgment of the court below, and therefore, it shall be viewed that the remaining claimant 16.
Therefore, the defendant's appeal is with merit, and it is so decided as per Disposition by the assent of all participating Justices.
Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)