(a) The standards for calculating the amount of loss of importation;

(b) The case reversing the judgment of the court below on the basis of the full-time age and average wages of those who completed military service at the time of an accident, based on the fact that the number of years experienced after starting the operation of the lost interest of a victim who was enrolled in the second year at a university is increased, on the sole basis that

A. The amount of loss of income that can be earned by a person who dies or has physical disability due to a tort shall, in principle, be calculated on the basis of the income of the occupation that the victim had engaged in at the time when the damage was caused by the tort. If the victim has no certain occupation income at the time of the accident, such amount of loss of income shall be based on the ordinary labor wages that anyone would have earned by any ordinary person, but where it is highly probable that the victim would have a specific function, qualification, or career and that he/she would have a reasonable probability to obtain the income corresponding thereto, such income may be calculated on the basis of such income, but even in such cases, the pertinent income at the time

B. The case reversing the judgment of the court below that calculated the lost profit on the basis of the former age and the average wage of the former careerer on the basis of the average wage of the victim who had completed military service at the time of the accident and attended the second grade of a university on the basis of the average wage of the victim who had been enrolled in the second grade of a university, on the ground that the victim's work experience gradually increased until the commencement of operation and the completion of operation

(b)Article 763 of the Civil Code (Article 393);

A. Supreme Court Decision 85Meu1954 decided Feb. 25, 1986 (Gong1986,53) (Gong1986,533) 86Meu646 decided Feb. 24, 1987 (Gong1987,519) (Gong115 decided Mar. 10, 1987)

Plaintiff 1 et al., Counsel for the defendant-appellant

Defendant 1 and one other, Defendants et al., Counsel for the defendant-appellant-appellee

Busan High Court Decision 91Na2236 delivered on July 4, 1991

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

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

1. According to the judgment of the court of first instance as cited by the court below and the reasoning of the judgment below, the court below acknowledged that the deceased non-party was a male who was over 21 years of age 21 at the time of the accident (date of birth omitted) and was over 47.64 years of age at the time of the accident, and entered high school around February 1987 in the social abuse management department at ○○ University, and confirmed that he was under the preparation for reinstatement after completing defense service. In calculating the lost income of the above deceased, the average wages of the above deceased shall be a high male wage, and the calculation of the lost income for the whole period from the commencement of operation to the completion of operation shall be based on the average wages of the former 190s of the former 4 years of age, and it shall be based on the average wages of the former 3 years of age 5 years of age, and it shall be based on the average wages of the former 98 years of age, which shall be calculated based on the average wages of the former 16 years of age.

2. However, in principle, the amount of loss that a person who dies or has physical disability due to a tort shall be calculated on the basis of the income of the occupation that the victim had engaged in at the time when the damage was inflicted in the future. If the victim had no certain occupation income at the time of the accident, such amount of loss of income shall be calculated on the basis of the ordinary labor wages that anyone would be able to obtain by anyone if he/she is an ordinary person, but where it is highly probable that the victim would have a specific function, qualification or career and that he/she would be able to obtain the income corresponding thereto in the future, it may be calculated on the basis of such income, but even in this case,

It is reasonable for the court below to consider the average wage of the victim, who completed military service at the time of the accident of this case and attended the second grade of the university, based on the average wage of the victim, a senior academic careerer. However, just because the above deceased's career period gradually increases until the commencement of operation after the commencement of operation, the calculation of the deceased's lost income based on the average wage of the whole age and the former careerer is contrary to the legal principles for calculating lost lost income, and therefore, the argument on this point is with merit.

3. Therefore, we reverse and remand the judgment of the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)