A. Whether the damage of the party in actual interests due to the retirement age extended by the amendment of the Local Public Officials Act after the accident constitutes a special damage (affirmative)

B. In a case where the Plaintiff’s claim was partially accepted and the appellate court accepted this appeal and reversed the part of the judgment below against the Plaintiff, whether the Plaintiff’s winning part of the judgment of the court below prior to the remand is subject to review by the court below (negative)

(a) Loss equivalent to lost profit-making party based on the retirement age which has been extended from fifty-five to fifty-eight years of age by revising the Local Public Officials Act after the victim who is a local public official of Grade VII died of an accident shall be deemed special damage;

B. If the plaintiff's claim was partially accepted, only the plaintiff appealed against the judgment of the court below prior to the remand, and the appellate court accepted this appeal and reversed the part against the plaintiff among the judgment of the court below, the above part of the judgment of the court of final appeal was limited to this part, and the scope of the case to be remanded, and the scope of the judgment of the court below after the remand is limited to the part against the plaintiff and the claim extended by the court below after the remand, and the plaintiff's favorable portion among the judgment of the court below prior to the remand becomes final and conclusive. Thus, the court of final judgment cannot

Articles 763 and 393 of the Civil Act; Articles 385, 395, and 406 of the Civil Procedure Act

Supreme Court Decision 78Da1327 decided Nov. 14, 1978 (Gong1978, 11629) 82Nu89 decided Jun. 22, 1982 (Gong1982, 709)

Attorney Kim Jong-ok, et al., Counsel for the defendant-appellant-appellant

Defendant

Gwangju High Court Decision 90Na1495 delivered on November 9, 1990

Of the lower judgment, the part of the lower judgment ordering the Defendant to pay the amount of KRW 15,277,355 to the Plaintiff Song-gu, KRW 14,57,355 to the Plaintiff Song-gu, KRW 14,57,355 to the Plaintiff Song-young, and KRW 9,951,570 to the Plaintiff Song-young, and the amount of KRW 55 percent per annum from January 1, 1987 to July 1, 1988 to the full payment rate of KRW 25 percent per annum.

The lawsuit concerning the above part was completed by the Supreme Court Decision 88Meu22435 delivered on February 13, 1990.

The plaintiffs' appeals against the other parts are dismissed.

The costs of appeal are assessed against the plaintiffs.

As to the Plaintiffs’ grounds of appeal

1. The court below rejected the part of the plaintiffs' claim for damages based on the above extended retirement age on the ground that there is no evidence that the defendant predicted or predicted the amendment of the Local Public Officials Act on the ground that the deceased was a local public official of class 7-9 in the agricultural position in the office of Yansan-gun Office at the time of the accident, and that the retirement age was December 31 of the year when he reached 55 years of age pursuant to Article 66 (1) 1 of the Local Public Officials Act in force at the time of the accident. The court below rejected the part of the plaintiffs' claim for damages based on the above extended retirement age on the ground that there is no evidence that the defendant could have predicted or predicted the amendment of the Local Public Officials Act on the ground that the above amendment of the Local Public Officials Act was just and there is no error of law as to the theory of lawsuit.

2. However, the record reveals that the judgment of the court below prior to the remanded the plaintiffs' claim against the defendant among the judgment of the court of first instance, which ordered payment of the amount exceeding 15,277,35 won, 14,57,35 won, 14,57,355 won, 951,570 won per annum from January 1, 1987 to July 1, 1988, and 25% per annum from the next day to the next day to the next day to the next day. This part of the judgment of the court below was revoked and dismissed the plaintiffs' claim corresponding to this part. This part of the judgment of the court below is clear to have accepted this appeal and reversed the part of the judgment of the court below against the plaintiffs and remanded the case to the court of first instance. Since only the part against the plaintiffs was remanded to the court of first instance, the part of the judgment of the court below is remanded to the court below for the first time to the first time after the second time to the first fiveth day to the next day.

Such a wife of the lower court shall be deemed to have committed an unlawful act of misunderstanding the legal principles concerning the scope of the trial.

Therefore, the part of the judgment of the court below ordering payment prior to the remand of the case is already finalized, and the judgment of the court below is reversed and the lawsuit is terminated. The remaining part of the appeal is dismissed and the costs of appeal are assessed against the plaintiffs. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)