beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, since 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 the dismissal
[Attachment]
A. (1) (b) The Plaintiff’s occupation and income status part 1) asserts that the Plaintiff is engaged in agriculture by owning farming machinery in his/her residence and cultivating capital reduction, various stuffs, etc. from farmland owned or leased by himself/herself, and thus, the Plaintiff’s actual income should be calculated based on the Plaintiff’s wage for daily work in rural communities. (2) As to this, the Plaintiff asserts that the Plaintiff is a male engaged in agriculture, forestry, and fishery on the report on the fact-finding survey of work by employment type in 2009 and 2010, and whose continuous service year is less than 10 to 15 years.
The basic statistical survey report on wage structure, which is the telegraph of the report on the fact-finding survey by employment type, is prepared by surveying and compiling the wages of the workers engaged in the sampled business among five or more full-time workers, and therefore, in principle, it is the basis for estimating the income of the person corresponding to the "worker". Thus, the statistical income of the "farmer" in the above investigation report cannot be immediately acknowledged as the substitute employment cost for the self-employed farmer. However, if a self-employed farmer has engaged in farming for ten or more years, the business performed by a self-employed farmer is deemed to be similar to that of a male farmer with ten or more years of experience as defined in the above investigation report, taking into account the scale and form of the farming, the number of farming workers, and the number of farming records, etc., if it is acknowledged that the business performed by a self-employed farmer is similar to that of
(see, e.g., Supreme Court Decision 2006Da50499, Mar. 29, 2007). A report on the fact-finding of labor by employment type also serves as a worker engaged in more than one employee.