Main Issues
Maximum working age of rural workers;
Summary of Judgment
The presumption based on the empirical rule that the maximum working age of rural workers is 55 years old is no longer maintained, and rather, it would be in line with the empirical rule to view that they can be operated over 55 years in general.
[Reference Provisions]
Articles 763 and 393 of the Civil Act, Article 187 of the Civil Procedure Act
Reference Cases
Supreme Court Decision 88Meu16867 Decided December 26, 1989
Plaintiff-Appellant
[Defendant-Appellant] Plaintiff 1
Defendant-Appellee
Defendant
Judgment of the lower court
Gwangju High Court Decision 88Na4880 delivered on February 17, 1989
Notes
The part of the judgment below against the plaintiff shall be reversed and that part of the case shall be remanded to the Gwangju High Court.
Due to this reason
We examine the grounds of appeal.
According to the reasoning of the judgment below, when recognizing the maximum working age of the plaintiff injured due to an accident in the original market, the court below held that it is evident in light of the empirical rule that the plaintiff, as a rural worker, can be operated until the age of 5 expires.
However, the presumption based on the empirical rule that the maximum working age of workers in agricultural villages can no longer be maintained, and rather, deeming that they can be operated over 55 years in general is in accord with the empirical rule (see, e.g., Supreme Court Decision 88Meu16867, Dec. 26, 1989). Therefore, the above decision of the court below is erroneous in matters of law that affected the conclusion of the judgment by violating the rules of evidence when recognizing the maximum working age of the plaintiff, and the arguments on this point are with merit.
Therefore, the part of the judgment below against the plaintiff is reversed, and that part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Man-man (Presiding Justice)