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(영문) 대법원 1991. 4. 23. 선고 91다3888 판결
[손해배상(자)][공1991.6.15,(898),1472]
Main Issues

The case affirming the lower court’s measure that recognized the maximum working age of a person who needs a clean wind until he reaches 60 years of age by comprehensively taking account of various circumstances, such as distributing the age of a person.

Summary of Judgment

The case affirming the lower court’s measure that recognized the maximum working age of a person who needs a clean wind until he reaches 60 years of age by comprehensively taking account of various circumstances, such as distributing the age of a person.

[Reference Provisions]

Articles 763 and 393 of the Civil Act

Plaintiff-Appellee

[Defendant-Appellee] Defendant 1 and 2 others, Counsel for defendant-appellant-appellee)

Defendant-Appellant

Attorney Lee Jong-il, Counsel for the defendant-appellant

Judgment of the lower court

Seoul High Court Decision 90Na21966 delivered on December 20, 1990

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

The maximum working age of a person may be different depending on the person’s health and the occupation he/she works. However, according to the records, the court below did not affect the outcome of the instant case, taking into account various circumstances such as the career of Nonparty 3-2 (Report on the Survey of the Actual Conditions of Wages by Job) in this case and the fact-finding on the director of the Korea Entertainment Association, which are recognized by various evidences, such as the fact-finding results of the fact-finding on the director of the Ministry of Culture and Arts, the career of Nonparty 3-2 (Report on the Survey of the Actual Conditions of Wages by Job) and the career, single, the age at the time of his/her death, performance at night-time establishments up to the time of his/her death, and distribution of the age of the above deceased, and it cannot be deemed that the above deceased was able to work as a number until he/she reaches 60 years of age

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.

Justices Lee Jae-chul (Presiding Justice)

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