When the light department attains the retirement age of 53 years as stipulated in the collective agreement concluded between the employer and the employer, it is not possible to receive the same wages as before, unless there is any special reason such as there is a special technology.

When the light department attains the retirement age of 53 years as stipulated in the collective agreement concluded between the employer and the employer, it is not possible to receive the same wages as before, unless there is any special reason such as there is a special technology.

Article 750 of the Civil Act

Plaintiff 1 and five others (Attorney Kim Jong-sung, Counsel for the plaintiff-appellant)

Korea Coal Corporation (Attorney Lee Byung-chul, Counsel for defendant-appellant)

Seoul High Court Decision 65Na2344 decided May 29, 1969

The part of the judgment of the court below against the defendant against the plaintiff 1 is reversed, and the case pertaining to this part is remanded to the Seoul High Court.

All appeals against the plaintiff 1 as to the remainder of consolation money and other appeals against the plaintiffs are dismissed.

The part concerning the claim for consolation money among the costs of appeal between the plaintiff 1 and the defendant and the remaining costs of appeal between the plaintiffs are assessed against the defendant.

The Defendant’s agent’s ground of appeal No. 2

The court below acknowledged that the plaintiff 1, who is the part of the defendant Corporation, lost the remaining 100% labor force caused by the remaining chemical explosion of the Domintan mine blasting project in this case, and one of the guardian's guardians is required, and then the plaintiff 1, who is the part of the defendant Corporation, confirmed that the remaining 10% of the remaining 10% labor force was lost due to the remaining chemical explosion of the Domintan mine blasting project in this case, and the expenses of the guardian are determined to be 4,000 won per month at the expense of the guardian. If so, even if the above plaintiff 1 had to be able to see it as in the theory of the lawsuit, and there is a wife who must see the above plaintiff, the damages caused by the suspension of business due to the above plaintiff 1's care due to the above reasons, and the expenses of the guardian shall be the amount of damages to be paid to the plaintiff for the last time due to the accident

The first ground for appeal No. 1

The court below acknowledged that, if the plaintiff 1 did not face this injury, he would have been working as the coal department of the defendant Corporation at least 53 years of age pursuant to the collective agreement with the defendant Corporation, and could have been employed at least 478 won per day until the age of 53 years through 55 years of age at the time of the accident, and that he would have been able to have been employed at least as the mine part of another mine until the age of 53 through 55 years. However, the purport of the agreement between the defendant Corporation and the retirement age of the light department under the collective agreement at 53 years of age is that the work of the light department is inappropriate for the aged, and that the defendant Corporation adopted this system for adjustment of its limit, since the wage of the elderly light department and the ability to work is beyond the previous wage rate of 53 years from the age of 53 years to the age of 53, it should not be viewed that there is a special reason to reduce the retirement age from the previous wage schedule.

If so, without any special reason, the court below held that the plaintiff 1 may bring income to another mine under the same conditions as before the plaintiff 53 years old since the plaintiff 53 years old since the plaintiff 53 years old and 55 years old since the plaintiff 1 started work as a witness of the court of first instance and the non-party 2 witness of the court below, even after the leave of 53 years old and the non-party 2 retired at the age of 55 years old. It is reasonable to argue that the above plaintiff 53 years old and 55 years old since the plaintiff 55 years old since her start work as a witness to another mine.

Therefore, among the judgment of the court below on the plaintiff 1 and the defendant, the above lost income is reversed and remanded to the court below. The remaining appeals against the plaintiff and each appeals against the other plaintiffs are dismissed. The costs of appeal are assessed against the principle of the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng