[손해배상(자)][공1994.10.15.(978),2626]
(a) Whether it is appropriate to regard the income of an insurance solicitor as the monthly average wage of the workers engaged in the same occupational category as the basic statistical survey report on the wage structure;
B. A case affirming the judgment below that deemed the maximum working age of an insurance solicitor until 59 years ends
A. The basic statistical survey report on the wage structure published by the Ministry of Labor is a report by the Minister of Labor to provide all economic policies and basic data for the improvement of the wage system of enterprises, and it is merely a general data on the workers' wage status, and thus becomes the standard for estimating the income of an employee. Therefore, in recognizing the insurance solicitor's income that is paid monthly allowances in proportional proportion to the achievements achieved by the insurance solicitor himself/herself as a free professional, it is inappropriate to use the monthly wage of the workers engaged in the same occupational category as the above investigation report in preventing the monthly wage.
B. We affirm the judgment below that deemed the maximum working age of an insurance solicitor until 59 years ends.
Civil Act Article 763 (Article 393)
A. Supreme Court Decision 91Da20340 delivered on September 10, 1991 (Gong1991, 2526)
Plaintiff 1 and three others
Defendant-Appellant Park Jae-hwan, Counsel for defendant-appellant
Daejeon High Court Decision 93Na558 delivered on May 12, 1994
The appeal is dismissed. The costs of appeal are assessed against the defendant.
1. Regarding ground of appeal No. 1
In calculating the lost income of the deceased, the court below's report on the basic statistical survey of the wage structure published by the Ministry of Labor is merely a general material on the workers' wage status and it is the standard for estimating the income of the worker. Thus, in case of recognizing the income of an insurance solicitor who is paid monthly allowances in proportion to the achievements achieved by himself as a free worker, it is inappropriate to use the above report as an insurance solicitor for the reason that it is inappropriate to use the monthly average salary of the workers engaged in the same occupation as in the above report on investigation because it is inappropriate to use it as the above monthly average wage of the worker engaged in the same work as in the above report on investigation, and it is proper that the deceased obtained the total monthly wage of the worker as an insurance solicitor during the ruling period, and it is calculated by dividing it into the number of months and using it as the basis for this calculation, and there is no error of law of misunderstanding the facts. The argument is without merit.
2. Regarding ground of appeal No. 2
The court below is justified in finding the maximum working age of the deceased as an insurance solicitor until the end of 59 years of age, and there is no error such as the theory of litigation, and therefore the argument cannot be accepted.
3. Accordingly, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Kim Jong-sik (Presiding Justice)