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(영문) 대법원 1993. 6. 8. 선고 92다18573 판결

[손해배상(자)][공1993.8.15(950),1991]

Main Issues

The case holding that the maximum working age of a victim who was 61 years old at the time of an accident and engaged in agriculture is until 63 years old.

Summary of Judgment

The case holding that the maximum working age of a victim who was 61 years old at the time of an accident and engaged in agriculture is until the age of 63 expires.

[Reference Provisions]

Article 763 (Civil Act Article 393 (Article 393)

Plaintiff (Appointedd Party)-Appellee

Plaintiff (Appointed Party)

Defendant-Appellant

Korea

Judgment of the lower court

Seoul High Court Decision 91Na46399 delivered on April 1, 1992

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

Comparing to the reasoning of the judgment below, the court below’s finding the deceased’s maximum working age for rural day work until the end of 63 years in light of the deceased’s age at the time of the accident, health status, and the status of engaging in agriculture of the population over 60 years old, etc. shall be acceptable, and there is no error in violation of the rules of evidence or the rule of experience, such as theory of lawsuit.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)