In calculating the amount of compensation for loss claiming compensation due to the death of a worker, compensation for bereaved family's compensation already received shall be deducted from the amount of profit loss of the victim.

In calculating the amount of compensation for loss claiming compensation due to the death of a worker, compensation for bereaved family members already received shall be deducted from the amount of profit-making loss of the victim.

Articles 82 and 87 of the Labor Standards Act, Article 750 of the Civil Act

Supreme Court Decision 68Da1464 delivered on January 28, 1969

Plaintiff 1 and one other, Counsel for the defendant-appellant-appellee and one other, Counsel for the plaintiff-appellant-appellee

Attorney Kim Young-han et al., Counsel for the defendant

Seoul High Court Decision 68Na3041 delivered on November 15, 1968

The appeal against the plaintiff 1 and 2 regarding the claim for consolation money is dismissed in the original judgment.

Of the original judgment, the part of the Defendant’s plaque regarding the claim for property damage against Plaintiffs 1 and 2 shall be reversed, and the case concerning the reversed part shall be remanded to the Seoul High Court.

The grounds of appeal No. 1 by the defendant's attorney are examined.

According to the evidence duly adopted, Nonparty 1 was working as a person who was working for the △△△△△△△△△ for the above 1-month period of November 4, 196 and ordered the deceased Nonparty 2 to do navigational work at the 1-day 6-day drop of Part 2 of the above △△△△△△, the court below recognized the fact that Nonparty 1 was working for the above 3-month period of 1-month period of 4-month period and 4-day period of 1-month period of 3-month period of 1-month period of 1-month period of 1-month period of 3-month period of 1-day average wages, and that the above 4-month period of 1-month period of 3-month period of 1-month period of 4-month period of 1-month period of 3-month period of 4-month period of 1-month period of 1-month period of 3-month period of 1-month period of 1-month period of 2-month period of 3 months.

The second ground of appeal is examined.

Article 82, Article 87 of the Labor Standards Act and Articles 50, 51, and 52 of the Enforcement Decree of the same Act shall be interpreted. In the event that an employee dies on duty, compensation for survivors under Article 82 of the same Act, which the employer should pay to his bereaved family members of the employee for full-time benefit, shall be deemed to have no loss caused by the death of the employee. In addition, in the purport of Article 87 of the same Act, compensation for survivors shall be exempted from liability for losses caused by the death to the extent of the compensation. Thus, the above compensation for survivors shall be exempted from liability for damages caused by the death to the extent of the compensation, and all of the compensation amount shall be deducted from the amount of losses caused by the death of the employee, and it shall be deducted from the amount of compensation for survivors under the provisions of the Civil Act, and there is no error in the misapprehension of legal principles as to compensation for survivors under the premise that the heir of the victim's right to claim for compensation for losses shall be inherited under the provisions of the Civil Act.

The grounds of appeal No. 3 are examined.

According to the order issued on November 15, 1968, among the original judgment on the claim for damages against the plaintiff 1 and 2's property, the part against the defendant, among the original judgment on the claim for damages against the plaintiff 1 and 2, whose amount exceeds that of 4.50,000 won and 300,000 won per annum from November 5, 1966 to the date of full payment, the court below revoked the part against the defendant, but the court below corrected the above order by 4.50,00 won and 300,000 won per annum from November 5, 1966 to the date of full payment, and it can be recognized that the defendant paid the original of the decision to the plaintiff 1 and 2 by 5.5% per annum from November 10, 196 to the date of full payment, and each of the above judgments can be justified.

The grounds of appeal No. 4 are examined.

The purpose of the damage compensation system is to fairly share the actual damage suffered by the victim, so it is sufficient to promote the transfer of the actual profit of the victim in calculating the lost profit. Therefore, it should be interpreted that the amount of income tax, etc. withheld during the actual profit should not be included in the amount of income tax, etc. In addition, in the case of an employee, the income tax shall be withheld according to the current provisions of the Income Tax Act, and the amount actually received by the employee shall be the economic profit that he actually received through his work (see Supreme Court Decisions 68Da2178 delivered on February 4, 69, 68Da2267 delivered on March 18, 69), and therefore, the court below's failure to deduct the income tax from the monthly income of the above non-party 2, despite being required to deduct the income tax from the above monthly income, is erroneous in the misapprehension of the above legal principle, and therefore

Therefore, among the defendant's appeal, the plaintiffs' claim portion of consolation money is dismissed, and the appeal against the defendant's failure part of the judgment of the court below as to the plaintiff 1 and the plaintiff 2's property damage is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Judge Ma-dong (Presiding Judge) Ma-dong (Presiding Judge)