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(영문) 대법원 1989. 5. 9. 선고 88다카20859 판결

[손해배상(자)][공1989.7.1.(851),906]

Main Issues

Women M.C. Maximum working age

Summary of Judgment

Since the purport of the precedents so far is that the maximum working age of female ordinary labor is up to 55 years, in order to recognize the maximum working age of female workers (M.C.) working at an amusement establishment as 30 years by lowering the maximum working age, there is an obvious evidence that is consistent with the precedents, or there is a reasonable reasonable ground for recognizing the maximum working age of female workers to be 25 years or less than that of ordinary labor.

[Reference Provisions]

Article 763 of the Civil Act

Plaintiff-Appellant

Plaintiff’s attorney-at-law conciliation system

Defendant-Appellee

Defendant

original decision

Seoul High Court Decision 87Na4107 delivered on June 16, 1988

Notes

The part of the lower judgment against the Plaintiff regarding property damage is reversed, and that part of the case is remanded to the Seoul High Court.

Due to this reason

1. As to ground of appeal No. 2

According to the reasoning of the judgment of the court below, the court below determined that there was damage of 36,00 won, which is the amount equivalent to 30 percent of the amount that the normal person can obtain by engaging in urban daily work, for 300 months from the time when the plaintiff becomes 31 years of age until the completion of 55 years of age, the court below held that there was damage of 36,00 won, which is the amount equivalent to 30 percent of the amount that the normal person can obtain by engaging in urban daily work. The above judgment of the court below is problematic with the calculation of the operating period with respect to the maximum working age as M.C., but other points are acceptable, but it cannot be said that the judgment is contrary to the purport

2. As to the first ground for appeal:

On October 5, 1985, the lower court recognized that the Plaintiff joined the Korea Entertainment Association as a member of the Korea Entertainment Association and calculated profit loss compensation due to the Plaintiff’s failure to be employed as an artist from August 12, 1986 to August 12, 1986, and 36% of the labor ability of an artist as an exclusive artist (M.C.) was lost due to this accident, and that female artist was able to be engaged in the above occupation only until the completion of 30 years of age, and accordingly, calculated profit loss compensation due to the Plaintiff’s failure to be employed as an artist.

However, even after examining the records of the case, there is no clear material that the maximum working age of female M.C., such as the Plaintiff, ought to be deemed to be up to 30 years of age, and it is the purport of precedents so far that women’s maximum working age ought to be deemed to be up to 55 years of age. Therefore, in order to recognize the maximum working age of female M.C. as 30 years of age by lowering the maximum working age of female M.C., there is an obvious evidence consistent with the foregoing, or otherwise, there is a reasonable time-to-date that can reduce the maximum working age

Ultimately, deeming the maximum working age of the Plaintiff as M.C. by the age of 30 is illegal because the lower court did not have any error of finding facts without any evidence, or otherwise, did not have any reasonable explanation on the point of view.

It is reasonable to point out this point.

3. Therefore, the part of the judgment of the court below regarding property damage shall be reversed and the case shall be remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-sung (Presiding Justice)