The judgment below

Among them, the part against the plaintiffs regarding lost income is reversed, and this part of the case is remanded.

The grounds of appeal are examined.

1. As to the third ground for appeal

A. In the Supreme Court en banc Decision 88Meu16867 Decided December 26, 1989 (hereinafter “former en banc Decision”), the Supreme Court discarded the existing position that deemed the maximum working age of a person engaged in ordinary physical labor or a person engaged mainly in physical labor (hereinafter “physical labor”) as 55 years in light of the empirical rule.

It has maintained the view that the maximum working age of physical labor should be 60 years in light of the empirical rule.

However, as the social economic structure and living conditions in Korea rapidly improve and develop and improve the legal system, the circumstances that served as the basis of the above empirical rule have been significantly changed at the time of the previous en banc Decision, thereby making it difficult to maintain the above view any longer.

Now, barring special circumstances, deeming that a person is able to operate between 60 and 65 years of age as well as 65 years of age is in accord with the empirical rule.

(See Supreme Court en banc Decision 2018Da248909 Decided February 21, 2019).B.

When a fact-finding court recognizes the maximum working age, which serves as the basis for calculating lost earnings, the maximum working age may be determined by examining all the circumstances, such as the population of workers by age, employment rate or labor participation rate, working conditions by occupation, and retirement age limit, other than the social economic conditions such as average remaining life, economic level, employment conditions, etc. of the people, and other relevant factors, and deriving the presumed maximum working age in light of the empirical rule, or taking account of specific circumstances, such as

(See Supreme Court Decision 2009Da100920 Decided May 13, 2011, etc.). C.

The judgment below

According to the reasoning, the court below acknowledged that, in calculating the lost income of the deceased who died of the instant accident, the deceased could be engaged in daily work until the age of 60.

However, the maximum working age of physical labor was set by the age of 60.