Main Issues
The case affirming the court below's measure that recognized the maximum working age of a victim who has been engaged in the business of manufacturing and processing clothes with 30 employees until he reaches 60 years of age.
Summary of Judgment
We affirm the court below's decision that recognized the maximum working age of a victim who has been engaged in the business of manufacturing and processing clothes with 30 employees until he reaches the age of 60.
[Reference Provisions]
Article 763 (Civil Act Article 393 (Article 393)
Reference Cases
Supreme Court Decision 67Da2839 Decided February 27, 1968
Plaintiff-Appellant
[Defendant-Appellant] Plaintiff 1 and three others, Counsel for defendant-appellant-appellant
Defendant-Appellee
Han Industrial Transportation Corporation
Judgment of the lower court
Seoul High Court Decision 90Na35620 delivered on April 18, 1991
Text
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
We examine the grounds of appeal.
(1) The court below is just in examining the process of documentary evidence in its fact-finding and decision of the deceased non-party's actual income as stated in its reasoning, and there is no error in the rules of evidence, such as erroneous determination of evidence, or in the misapprehension of legal principles as to the violation of the rules of evidence, incomplete deliberation, inconsistent reasoning, and calculation of lost income.
(2) The decision of the court below that recognized the maximum working age of the deceased who had 30 employees at the time of the instant accident as until he reaches the age of 60 is acceptable, and it cannot be said that there was an error of law by misapprehending the legal principles as to the period of operation or an erroneous application of the empirical rule as to the wrongful calculation of the period of operation or the period of operation.
Therefore, all appeals are 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 on the bench.
Justices Lee Jae-sung (Presiding Justice)