The case holding that the court below's measures taken by the court below on the basis of the average wage of the male workers of an industrial enterprise with less than one year's experience graduated from a university in light of a report on the status quo of wages by occupation, which completed military service and completed four years of the victim's actual income during the university are justifiable

The case holding that the court below's measures taken by the court below on the basis of the average wage of male workers employed by industrial enterprises with less than one year experience who graduated from universities in light of a report on the actual status of wages by job classification, which completed military service and completed four years of the victim's actual income during the university, are justifiable.

Articles 763 and 393 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Han, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

Maximum number of persons other than 6 others

Korea

Daegu High Court Decision 90Na3752 delivered on January 25, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

In calculating the lost income of the deceased, the court below recognized that the above deceased was scheduled to complete military service at the time of the accident ( October 1, 1989) and to graduate on February 20, 1990 as a student attending the fourth year from the law school of Gyeyang-gu University, barring any special circumstance if the accident of this case occurred, he would be employed from the university after graduating from the university, and would have earned a profit by being employed as an industrial employee, barring any special circumstance. The court below calculated the lost income of the above deceased's male worker who had a career of less than one year who graduated from the university in accordance with the report on the survey of wage status of the job classification, on the basis of this, since the monthly salary of the male worker who had a career of less than 1

According to the records, the above recognition and judgment of the court below are just and they cannot be viewed as special damage to the deceased's actual import loss. The arguments are without merit.

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 Lee Woo-soo (Presiding Justice)