The criteria for calculating the lost income of persons attending the third year of the university and who do not have any income at the time of tort.

In principle, the amount of loss of income that can be obtained by a person who dies or has suffered by a physical disability due to a tort shall be calculated on the basis of the amount of income received by the victim from the occupation he/she engaged in, as at the time such damage was caused by the tort, unless there is any objective data that clearly shows that such income will increase in the future. The amount of loss of future income by a victim who has no specific income at the time of the tort shall be calculated on the basis of the ordinary labor wages that anyone would be able to obtain by engaging in the tort, and such income shall not be determined in consideration of the academic background, career

Article 750 of the Civil Act

Supreme Court Decision 71Da1349 Decided July 27, 1971, 76Da2418 Decided November 8, 1977, Supreme Court Decision 85Meu1954 Decided February 25, 1986

Plaintiff 1 and one other

[Defendant-Appellee] Attorney Kim In-hwan, Counsel for defendant-appellee

Seoul High Court Decision 85Na4216 decided March 17, 1986

The part of the lower judgment against the Defendant regarding lost income damages is reversed, and that part of the case is remanded to the Seoul High Court.

The defendant's remaining appeals are dismissed.

The costs of appeal dismissed shall be assessed against the defendant.

We examine the Defendant’s agent’s grounds of appeal.

1. In principle, the amount of loss of income which can be obtained by a person who dies or who has a physical disability due to a tort shall be calculated on the basis of the amount received from the occupation the victim engaged in at the time when the damage was caused by the tort, unless there is any objective evidence which shows that the amount of loss of income would be increased in the future, and the amount of loss of future income by the victim who has no certain income at the time of the tort shall be calculated on the basis of ordinary labor wages which anyone would be able to obtain by his/her ordinary person, and such income shall not be determined on the basis of academic background, career, etc. of the victim (see, e.g., Supreme Court Decision 71Da1349, Jul. 27, 197; Supreme Court Decision 76Da2418, Nov. 8, 197; Supreme Court Decision 85Meu1954, Feb. 25, 1986).

According to the reasoning of the judgment below, the court below determined that the deceased non-party left 21 years of age and 45.31 years of age as of February 5, 1963 at the time of the accident, and that he attended the Suwon University Construction Engineering and the third year of age, and determined that the deceased graduated from the university in calculating the deceased's lost income due to the tort in this case, and then, the deceased's military service was completed from March 1989 on the premise that the average monthly income of the workers with the career of less than one year among the workers with the career of at least one year, who were employed in the workplace and who had the career of at least one year from the university graduate, published by the Ministry of Labor in 1984 on the premise that they can obtain this. The court below determined this based on the average wage of the male workers with the career of less than one year from the age of 25 to 29 years among the former workers with the career of less than one year from the age of 1984 and without any reasonable ground, and it did not go against the opinion of party members.

2. Although the Defendant filed an appeal against the entire judgment of the court below, there is no ground of appeal as to the part claiming active damages by Plaintiff 1 and the part claiming consolation money by the Plaintiffs.

3. Therefore, the part of the judgment of the court below against the defendant regarding lost import damage shall be reversed, and that part of the case shall be remanded to the court below for further proceedings consistent with this Opinion. The defendant's remaining appeal shall be dismissed, and the costs of appeal to the Supreme Court shall be assessed against the losing party. It is so decided as per Disposition by the assent of

Justices Park Jong-dong (Presiding Justice)