The method of calculating rural wages to be deducted in calculating the lost wages from the retirement of the mining department retired due to a mining accident to the retirement age.

Where the mining division retires from an accident due to a mining accident, if there is a change in the wages for agriculture in calculating the lost wages from the retirement to the retirement age, it shall be based on the amount obtained by deducting the incomes that can be earned by engaging in agricultural labor based on the wages for each agricultural labor as at the time of the closing of argument from the retirement to the time of the closing of argument from the time of

Article 750 of the Civil Act

Plaintiff’s Attorney Noh Jae-il

Attorney Song-tae, et al., Counsel for the defendant-appellant

Seoul High Court Decision 79Na549 delivered on September 21, 1979

The judgment below is reversed and the case is remanded to Seoul High Court.

The defendant's attorney's grounds of appeal are examined.

In the reasoning of the judgment below, the court below acknowledged that the plaintiff was disqualified for the plaintiff due to the plaintiff's dismissal from office on April 30, 1979 due to the above injury, and that the plaintiff's work ability as a mining department was reduced to 50% due to the plaintiff's injury caused competition between the defect of the structure owned by the defendant and the defendant's negligence, and the plaintiff's negligence, and that the plaintiff was reduced to 43% due to the plaintiff's work ability to work as a mining department. In calculating the above plaintiff's lost wages due to the above accident, from the time of the accident to the time of retirement, the plaintiff calculated the above plaintiff's lost wages of 174,326 won from the average wages of the mining department at the time of the accident from 173,986 won at the time of the accident to the time of the accident, it is hard to obtain the average wages at the time of retirement to the age of 53,000 won from the average wages at the time of the accident to the time of the closing of argument.

In the case of this case, if the agricultural wage at the time of retirement does not change until the time of the closing of argument (or the nearest time to the closing of argument; hereinafter the same shall apply) in calculating the lost wage until the age of 53 years from the time of the closing of argument, it shall not be deemed that there was an error of law by the same method as the original judgment. However, if there is a difference between the two parties, it shall be calculated based on the agricultural wage at the time of the closing of argument between the time of the closing of argument and the time of the closing of argument until the age of 53 years, the amount of damages should be calculated on the basis of the amount obtained by deducting the income which is able to obtain from the above agricultural labor wage at the time of the closing of argument until the age of 53.2 years from the date of the closing of argument. However, according to the evidence No. 1-2, the lower court did not dismiss the lower court's determination that the labor wage at the time of the closing of argument was not affected by the plaintiff's allegation that the labor wage at the first half year and second year was unlawful.

Therefore, the judgment of the court below shall be reversed without examining other arguments ( there is no appeal as to the consolation money portion among the judgment of the court below). This part is remanded to the Seoul High Court which is the court below. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-chul (Presiding Justice)