Whether a woman can be deemed to have engaged in agricultural labor until the age of 60 by testimony (negative)

Korean women, in light of the empirical rule, can normally be engaged in agricultural labor by the age of 55. As such, it is against the rules of evidence that Korean workers in agriculture can work until the age of 60.

Article 763 of the Civil Act

Plaintiff 1 and 2 plaintiffs et al., Counsel for the defendant-appellant-appellee

The legal representative of the Republic of Korea shall be the Minister of Justice of Lee Jong-won, the Minister of Justice of Lee Sung-sung, the President of the Sin

Daegu High Court Decision 80Na613 delivered on August 28, 1980

Of the part against the defendant against the plaintiff 1 and 2 of the judgment below, the part concerning the lost profit of the non-party 1 is reversed, and this part of the case is remanded to the Daegu High Court.

All remaining appeals by the defendant against the above plaintiffs and appeals by the plaintiff Dong-dong are dismissed.

The costs of appeal against the dismissal of an appeal shall be borne by the defendant.

The grounds of appeal by the defendant litigant are examined.

As to the first and second points

Examining the evidence cited by the judgment of the court of first instance as cited by the court below in comparison with the records, the court below's decision is just in holding that the non-party 4 did not recognize the negligence on the part of the victim in the accident of this case on the ground that the non-party 1, the non-party 2, and the non-party 3's negligence in the performance of duties, carried with him a gun and killed the non-party 4 after leaving the sentry without permission, and the non-party 4 did not recognize the negligence on the part of the victim. In so doing, it cannot be said that the court below erred by misapprehending the legal principles on the relation with

With respect to Section 3

In light of the empirical rule, Korean women can normally engage in agricultural labor by the age of 55, and according to the decision of the court below, the court below, without any special circumstances, acknowledged that the non-party 1, who is a female of the third year of middle school at the time of the accident of this case, can be engaged in the daily work in rural communities until the age of 60 expires, because it is evident that there is an error in violation of the rules of evidence in this regard, and there is a reason to discuss this point.

Therefore, among the part against the defendant in the judgment of the court below, the part ordering the plaintiff 1 and 2 to pay for the portion of inheritance regarding the lost profits of the deceased, shall be reversed, and this part of the case shall be remanded to the Daegu High Court which is the court below. The remaining appeal against the defendant against the above plaintiffs and the appeal against the plaintiff 3 shall be dismissed as without merit. The costs of appeal against the dismissal of the above appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jung-tae (Presiding Justice)