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(영문) 제주지방법원 2017.05.17 2016나5917
손해배상(산)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows: No. 5 of the judgment of the court of first instance, No. 14 of the judgment below

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for cases where part of the part of the claim is used as follows.

[Supplementary Opinion] The part of “(B) occupation and income” is written as follows. (b) The occupation and income evidence No. 1 show that the Korea Workers’ Compensation and Welfare Service set the daily average wage at KRW 90,921 when calculating the insurance benefits to be paid to the Plaintiff by the Korea Workers’ Compensation and Welfare Service. However, the Korea Workers’ Compensation and Welfare Service does not have any data to verify the reasons or grounds for calculating the Plaintiff’s average wage as above. Therefore, the Plaintiff’s income should be recognized based on statistical data.

Therefore, the plaintiff's income should be based on the job classification's wage according to the unit price table for individual occupational categories. In this regard, as seen earlier, the plaintiff's previous qualification as a class 2 electrical construction engineer, a first class electrical construction engineer, and a power distribution function, etc. However, it is difficult to conclude that the plaintiff is an electrical construction engineer or an electrical construction industrial engineer on the unit price table for individual occupational categories. Thus, the plaintiff should apply statistical wages of an ordinary person on the relevant unit price table to the plaintiff.

On the other hand, the statistical wage data of ordinary workers on the unit price table of individual occupational wages is significant in this court, so it is reasonable to recognize income by reflecting the changed data up to the quarter of January 2017.

(The first instance court only based on the data from the first instance court until the first half of 2016, but should additionally reflect the change in the level of wages from the date to the date of closing argument in the appellate court. The details are the same as stated in the annexed Table of Calculation of Compensation for Damages. (e) "Calculation" and "Restriction on Liability" are as follows.

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