(a) Whether he/she has an abstract disorder or lost his/her ability to work;

(b) The case affirming the decision of the court below that calculated the loss rate of operating capacity by integrating the criteria, etc. for the attached Table 2 of the Enforcement Decree of the State Compensation Act and the Mabrid assessment table, etc. on the victims who suffer from the disorder of a non-defluence of the sloping and a s

A. In a case where a subsequent disability caused by an illegal act causes an external appearance, even if the fact alone does not immediately cause an obstacle to the physical activity function, the fact alone is sufficient to view that there exists a loss of labor ability due to the abstract disorder as a result of the subsequent disability in the event that the trend has a significant impact on future employment, job selection, promotion, possibility of transfer, etc., and thus, it cannot be said that there exists a loss of labor ability.

(b) The case affirming the court below's measure that deemed that the ratio of loss of operation was 35 percent by integrating the victims who fall under 80 percent of the cases prescribed in Article 8-12 of the attached Table 2 of the Enforcement Decree of the State Compensation Act, among the aftermath disability, both sides, etc., and fall under 80 percent of the cases prescribed in Article 8-12 of the attached Table 2 of the Enforcement Decree of the State Compensation Act, and that the lebro

Article 763 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff

Dongnam Transportation Co., Ltd., Counsel for defendant-appellee

Seoul High Court Decision 90Na24293 delivered on September 5, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment below, the court below acknowledged the following facts based on the evidence that the injury suffered by the plaintiff due to the accident of this case caused by the accident of this case left 15 percent of the non-obscence of the 1 through 5th, such as the anti-conscence of the government and the non-conscence of the 1 through 5th, even after the treatment of the injury was completed. The court below held that the non-conscence of the plaintiff's 15 percent of the ability to operate due to the 15 percent of the total 40 percent of the total 40 percent of the total 5th of the 8th attached Table 2 of the Enforcement Decree of the State Compensation Act among the plaintiff's after the 19sculatory disability of this case constitutes 80 percent of the total 5 percent of the total 15 percent of the injury.

In the event that a subsequent disability caused by an illegal act causes a drilling to external appearance, the fact alone does not cause an obstacle to the immediate physical activity function, but where the abstract has a significant impact on future employment, occupation selection, promotion, possibility of change of occupation, etc. in relation to the injured party's gender, age, etc., it cannot be said that there exists a loss of labor ability due to the abstract disorder. Therefore, it is reasonable to view that there exists a loss of labor ability.

In this regard, the court below held that there is a loss of labor ability by considering the physical disability rate and the plaintiff's gender, age, etc. based on the criteria in the physical disability grade table of attached Table 2 of the Enforcement Decree of the State Compensation Act for the plaintiff's abstract disability as stated in its reasoning, and judged that the above rate is about 35 percent above considering the rate of loss of labor ability due to the extension of the right to satisfaction, as stated in its decision, and there is no error in the misapprehension of legal principles as to the evaluation of the loss of labor ability, and the physical disability grade table of attached Table of the Enforcement Decree of the State Compensation Act merely applies to the state compensation and cannot be applied to the general civil case.

Even though the defendant is dissatisfied with the whole of the losing part, the part of the claim for consolation money shall not be brought to the grounds of appeal. Ultimately, the arguments shall return to the court without merit.

Therefore, the appeal is dismissed and all 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 Choi Jae-ho (Presiding Justice)