Whether the rate of loss of labor ability resulting from the multiple disabilities may be more severe than the case where such disabilities have been cut (affirmative)

As labor disability loss rate is for telegraphic function, if there is a composite disability on one side of the body, the rate of labor disability should be cut to that part, so it cannot be more than the rate of labor disability in the case of full loss of the function of the part.

Articles 393 and 763 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 1 other, Counsel for plaintiff-appellant)

Plaintiff 1 and one other

Hyundai Marine Fire Insurance Co., Ltd. (Attorney Kim Jin-jin, Counsel for the defendant-appellant)

Seoul District Court Decision 96Na53894 delivered on July 30, 1997

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

As a result of the appraiser's appraisal of the rate of medical physical disability, which is one of supporting materials for determining the rate of loss of labor ability, is merely a judge's use of such special knowledge and experience in fact-finding. Ultimately, a normative decision should be made in light of such various conditions and experience rules, taking into account the victim's gender, age, educational degree, nature of labor, degree of physical disability, degree of social and economic conditions, etc. (see, e.g., Supreme Court Decisions 93Da62348, Apr. 26, 1994; 94Da53426, Oct. 13, 195). In addition, since the rate of loss of labor ability is about the whole function, the rate of loss of labor ability cannot be more than the rate of loss of labor ability where the above part has been cut and its function has been entirely lost (see, e.g., Supreme Court Decisions 93Da62348, Oct. 16, 195). 195.

In the same purport, the court below is just to assess the labor disability loss rate against the above plaintiff in accordance with the method of calculating the rate of disability exceeding the degree of disability that is unfair since it did not adopt the portion of disability exceeding the degree of stimul upper cutting, and it cannot be said that there was an error of calculating the labor disability loss rate against the rules of evidence against the rules of evidence, such as the theory of lawsuit. The argument is without merit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)