Calculation of lost profit of a person who does not have certain income at the time of the tort

In principle, the amount of loss of income that can be obtained by a person who has died or has suffered by a physical disability due to a tort shall be calculated on the basis of the amount of profit earned by the victim from the occupation he/she engaged in at the time when the damage was caused by the tort, unless there is any objective data which clearly shows that such profit will increase in the future. The amount of loss of future income by a victim who has no certain income at the time of the tort shall be determined 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 educational background

Articles 750 and 763 of the Civil Act

Supreme Court Decision 67Da844 delivered on July 18, 1967, 71Da1349 delivered on July 27, 197, and 76Da2418 delivered on November 8, 197

Plaintiff 1 and 2 Plaintiffs, Attorneys Kim Young-chul, Counsel for the plaintiff-appellant-appellant

Korea

Seoul High Court Decision 85Na1135 delivered on August 20, 1985

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

The grounds of appeal by the defendant litigant are examined.

In principle, the amount of loss of income that can be earned by a person who dies or has a physical disability due to a tort shall be calculated on the basis of the amount of profit earned by the victim from the occupation he/she engaged in at the time when the damage was caused by the tort, unless there is any objective evidence that shows that the amount of loss of income that can be earned in the future will be increased in the future, and the amount of loss of future income by a victim who does not have any certain income at the time of the tort shall be calculated on the basis of the ordinary labor wages that anyone would be able to earn by any ordinary person, and it shall be determined that such income cannot be determined in consideration of the victim's academic background, career, etc. (see, e.g., Supreme Court Decision 71Da1349, Jul. 27, 197; 76Da2418, Nov. 8, 197; 67Da844, Jul. 18, 1967).

According to the reasoning of the judgment below, the court below determined that the plaintiff 1 was a minor who had no occupation and no certain income at the time of the accident at the time of the accident at the time of the accident at the time of the plaintiff 1's graduation from the 19.92 year old and the 16th year old and the 4th year old and the 19.92 old and retired from the Seoul High Technical School on March 9, 1982, and confirmed that there was no particular occupation and no certain income at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at this case, since the plaintiff was a minor who had been living without occupation since his first grade of the high school after his graduation from the middle school at the time of the accident at the time of the first grade of the accident at the time of the accident at this case, barring special circumstances. The court below held that there is no reasonable ground for calculating the above legal principles, which are in violation of the permission of the majority opinion.

Therefore, the part of the judgment below against the defendant is reversed, and this part of the case is remanded to the Seoul High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Chang-chul (Presiding Justice)