After examining the age, career, health status, the number of persons aged 60 or older among private taxi drivers in the service area, etc. of the victim (the deceased), the case holding that the court below's measure that recognized the maximum working age until the end of 60 years considering the degree of difficulty in the operation of private taxi is correct.

After examining the age, career, health status, the effect of a person aged 60 or older among private taxi drivers in the service area, etc. of the victim (the deceased), the lower court recognized the maximum working age until the lapse of 60 years in consideration of the degree of difficulty in the operation of private taxi.

A. The case holding that the decision is correct.

Article 763 (Civil Act Article 393 (Article 393)

Supreme Court en banc Decision 88Meu166 Decided December 8, 1981 (Gong1982, 138) (Gong1982, 1354) Decided December 26, 1989 (Gong1990, 356) (Gong190, 1354)

Plaintiff 1 and two others

Attorney Lee Jae-won, Counsel for the defendant-appellant

Gwangju High Court Decision 91Na697 delivered on August 23, 1991

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

1. Regarding ground of appeal No. 1

The court below did not have any violation of the rules of evidence against the theory of lawsuit, any violation of the reasoning, or any mistake of facts, in finding the monthly income of the deceased, who is an individual taxi driver, as stated in its reasoning. Therefore, the argument is without merit.

2. Regarding ground of appeal No. 2

After examining the deceased's age, career, health status, and the effects of a person aged 60 or older among private taxi drivers in Jeollabuk-do, the court below is correct to recognize the maximum working age until the end of 60 years, considering the difficulty in the operation of private taxi (see Supreme Court en banc Decision 90Meu3024, May 22, 1990 and Supreme Court Decision 88Meu16867, Dec. 26, 1989), and there is no error of incomplete deliberation or misconception of facts due to the violation of the rules of evidence. The Supreme Court Decision 90Da6248, Feb. 22, 1991 cited in the theory of lawsuit, held that the maximum working age of the driver of a motor vehicle should be recognized as 60 years old based on the empirical rule without any evidence, and it is not appropriate in this case, and rather, it is not reasonable to discuss that the latter part of the judgment of the court below supports the measures of this case.

3. Accordingly, the appeal is dismissed and all costs of appeal are assessed against the losing defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)