[손해배상(자)][공1993.8.15(950),2013]
(a) The value of evidence as a result of physical assessment of the loss rate of labor ability (=the supporting material) and the method of determining the loss rate;
(b) The case holding that it is not necessarily necessary to adopt as it is, even if the physical appraiser separately states politics based on age other than the appraised rate of loss of labor ability according to the beer method as a result of appraisal;
A. As a result of the appraiser’s appraisal of the rate of medical physical disability, one of the assisting materials for determining the rate of loss of labor ability, the judge’s special knowledge and experience is merely a use of such special knowledge and experience in finding facts. Ultimately, a normative decision is inevitable in light of the conditions and experience in light of the victim’s gender, age, level of education, nature of labor, degree of physical disability, and other social and economic conditions.
(b) The case holding that even if the physical appraiser separately states politics based on age other than the appraisal of the loss rate of labor ability according to the beer method as a result of appraisal, it is not necessarily necessary to adopt it as it is.
Article 763 (Civil Act Article 393 (Article 393)
A. Supreme Court Decision 91Da36628 delivered on January 21, 1992 (Gong1992, 897) 91Da39320 delivered on May 22, 1992 (Gong1992, 1965) 92Da27614 delivered on November 24, 1992 (Gong193,236)
Plaintiff
[Defendant-Appellant] Gyeong-soon, Counsel for defendant-appellant-appellant
Seoul High Court Decision 92Na32519 delivered on November 5, 1992
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of the supplemental appellate brief).
As a result of the appraiser's appraisal of the rate of medical physical disability, which is one of supporting materials for determining the rate of loss of labor ability, requires special knowledge and experience in fact-finding, the judge is merely using such special knowledge and experience. Ultimately, it is not necessary to adopt it as it is, even if the physical appraiser has a separate statement of multiple politics by age other than the items of physical disability and the rate of loss of labor ability by occupation, considering all of the victim's gender, age, level of education, nature and function level of labor, and other social and economic conditions (see Supreme Court Decisions 91Da3628, Jan. 21, 1992; 91Da39320, May 22, 1992).
With reference to the reasoning of the judgment of the court of first instance, when recognizing the labor disability ratio of the plaintiff as an urban daily worker, the court below acknowledged that the plaintiff's physical disability was 17 percent of the worker's labor disability ratio as an urban daily worker in agricultural village since it fell under Class II-B-6 of Mabrid No. 14 of the above Table among physical disability items based on Mabrid criteria. In light of the plaintiff's age, the court below acknowledged that the labor disability ratio of the plaintiff as an urban daily worker in agricultural village is 5.5 percent, considering the plaintiff's age in light of the physical appraisal result of the physical appraisal of this case, it did not adopt the part where the labor disability ratio was modified in consideration of the plaintiff's age, while it did not consider the above physical appraisal result as a result of the above physical appraisal, it did not err by misapprehending the legal principles as to the labor disability ratio of the plaintiff's physical disability as one of the above urban daily labor disability ratio, and it did not appear that the plaintiff's physical disability ratio was 17 percent of urban daily labor disability.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jong-dong (Presiding Justice)