Maximum working age of private taxi drivers

The maximum working age of a private taxi driver shall not be deemed to be a minor work rather than a general physical labor, so the maximum working age of a private taxi driver shall be deemed to be the age of 55, who can engage in general physical labor.

Article 763 of the Civil Act

Supreme Court Decision 81Meu86 Decided December 8, 1981

Plaintiff 1 and two others

Attorney Park Dong-soo et al., Counsel for the plaintiff-appellant

Seoul High Court Decision 86Na4726 delivered on September 24, 1987

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

In light of our experience, since the driving of a private taxi cannot be deemed to be a minor work than ordinary physical labor, the maximum working age of a private taxi driver shall be deemed to be the age of 55 that can be engaged in ordinary physical labor. The fact that a person who has worked as a private taxi driver is particularly able to drive a private taxi even after the lapse of 5 years and 10 years, is insufficient to serve as the ground that the person who has worked as a private taxi driver is able to drive a private taxi, and the fact that the maximum working age of a private taxi driver is less than 65 years and the qualification requirements for the maximum working age of a person subject to recommendation for a private taxi driver are more than 60 years of age, or that a person who is over 60 years of age while a private taxi driver is also unable to drive a private taxi as it goes beyond 5 years of age by a private taxi driver, and it does not constitute an active ground that a private taxi driver can be viewed as able to drive a private taxi even until now (see Supreme Court Decision 886Meu6, Dec. 18, 1988).

Therefore, the court below's decision is just in rejecting the plaintiffs' assertion that the driving of a private taxi is less minor work than daily work, and even if based on the result of the inquiry entrustment of each fact-finding to Gyeonggi-do and the Seoul Special Metropolitan City Private taxi Transport Business Association of the court below and the first instance court, the private taxi driver over 56 years old is merely within 5 percent of the total, and the maximum working age as an individual taxi driver of the deceased is recognized until the end of 55 years in accordance with the empirical rule, and the above deceased's individual taxi driver's assertion that the maximum working age as an individual taxi driver of the deceased is until the end of 65 years in accordance with the empirical rule, and there is no error of law of misconception of facts or incomplete deliberation due to violation of rules of evidence such as theory of lawsuit. In addition, it is without merit since the operation of a private taxi driver as an employment public official or a court-employed public official and a transport business operator of the private taxi

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 Yellow-il (Presiding Justice)