(a) The method of calculating lost earnings where a deceased victim has engaged in a job for which his/her term of office is determined;

(b) The case affirming the judgment of the court below, which held that the deceased who had left 54 years of age at the time of the accident and worked as an investigative officer, etc. for 27 years and 27 years of age, was dismissed as a member of the prosecution administrative officer, and worked as a member of the prosecution administrative officer, may be employed as a certified judicial scrivener after completing his term of office, etc.

(c) The case affirming the court below's measure that deemed the maximum working age of a certified judicial scrivener who is expected to belong in the future, in light of the distribution by age of a certified judicial scrivener in the local Certified Judicial Scriveners Association, the duties and nature of a certified judicial scrivener, the deceased's age and life expectancy, etc.

(d) A survivor's pension to be deducted from the amount of actual retirement pension in calculating the amount of compensation to be paid to his/her heir where a person who has received a retirement pension under the Public Officials Pension Act dies due to

A. If the victim who died of an accident was engaged in a defined occupation after the expiration of his/her term, it cannot be presumed that he/she will be engaged in daily work uniformly after the expiration of his/her term of office. In light of the deceased’s age, degree of education, nature of the previous occupation, work experience, work experience, possibility and probability of occupational change in similar occupation or other occupation, and other social, economic conditions, and empirical rule, the occupation and income that appears to be a long-term employee after the expiration of his/her term of office shall be based on the calculation of actual

B. The case affirming the judgment of the court below which held that the deceased who had left 54 years of age at the time of the accident and worked as an investigative officer, a prosecutor's office, etc. for 27 years and 27 months, was dismissed from office as a prosecutor's office and had worked as a prison officer until the time of the accident, can be employed as a certified judicial scrivener by acquiring his qualification as a certified judicial scrivener after completing his term of office as a prison officer, and in light of the provisions of Article 4 (1) 1 of the Certified Judicial Scriveners Act

C. We affirm the court below's decision that the maximum working age of a certified judicial scrivener shall be until he reaches 70 years of age in light of the distribution by age of a certified judicial scrivener in the local Certified Judicial Scriveners Association expected to be employed in the future, the duties and nature of a certified judicial scrivener, the deceased's age and life expectancy, etc.

D. If a person who received a retirement pension under the Public Officials Pension Act dies due to a tort committed by another person, his/her bereaved family, if he/she succeeds to the right to claim compensation for damages that he/she has received as a result of the deceased's failure to receive the retirement pension and has received the survivor's pension at the same time, his/her survivor is entitled to receive the same benefits, and in calculating the amount of compensation to be paid to his/her heir, the amount of the survivor's pension shall be deducted from the amount of the actual retirement pension of the deceased. In such cases, the amount of the survivor's pension to be deducted shall be equivalent to 70/100 of the amount of the retirement pension under the Public Officials Pension Act, and even if the retirement pension should deduct the cost of living,

(a)(c)Article 763(Article 393) of the Civil Code / (b) Article 4(1)1/d) of the Certified Judicial Scriveners Act; Articles 56 and 57 of the Public Officials Pension Act;

A. Supreme Court Decision 86Meu1453 delivered on February 10, 1987 (Gong1987, 419) (Gong199, 1623)/Da124 delivered on May 14, 1991 (Gong1991, 1623). Supreme Court Decision 86Da2863 delivered on June 23, 1987 (Gong1987, 1227)/d. Supreme Court Decision 88Da21425 delivered on July 25, 199 (Gong1989, 1290)

Plaintiff 1 and four others

Shinan Cargo Co., Ltd., Counsel for the defendant-appellant-appellant and three others, Counsel for the defendant-appellant-appellant-appellee)

Seoul High Court Decision 91Na46078 delivered on December 26, 1991

The part of the lower judgment against the Defendant regarding lost profit damage shall be reversed, and that part of the case shall be remanded to the Seoul High Court.

The remaining appeals by the defendant are dismissed, and all costs of appeal against the dismissed appeal are assessed against the defendant.

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

1. As to the loss of actual profits of a certified judicial scrivener as a chief and a certified judicial scrivener

If the victim who died of an accident was engaged in a certain occupation after the expiration of the term of office, it cannot be presumed that the deceased will be engaged in daily work uniformly after the expiration of the term. In light of the deceased's age, educational degree, characteristics of the previous occupation, work experience, the possibility and probability of occupational change in similar occupation or other occupation, and other social, economic conditions and experience, it should be based on the calculation of actual profit.

According to the reasoning of the judgment of the court below, the court below acknowledged that the deceased non-party remains 54 years of age at the time of the accident of this case, and worked as an investigative officer, a prosecutor's office, and a prosecutor's office for 27 years and 6 months, was dismissed from office as a prosecutor, and had worked as a prison at the time of the accident of this case, and held that the above deceased may be employed as a certified judicial scrivener after acquiring a certified judicial scrivener's qualification after completing his term of office as a prison. In light of the above facts duly confirmed by the court below and the provisions of Article 4 (1) 1 of the Certified Judicial Scriveners Act, which prescribe the qualification as a certified judicial scrivener, the court below is justified in the above judgment of the court below, and there is no

In addition, the court below judged that the above deceased's term of office is expected to be employed after completion of his term of office until he reaches 70 years of age in light of the following: (a) the distribution of the age of a certified judicial scrivener at the Seoul Local Certified Judicial Scriveners Association around November 1, 1990; (b) the work and nature of the certified judicial scrivener; and (c) the above circumstances presented by the court below; and (d) considering the deceased's age and the name of lease, the court below is justified in the above judgment of the court below, and there is no violation of the rules of evidence, such as theory

All arguments are without merit.

2. As to the lost retirement pension damage

According to the reasoning of the judgment of the court below, the court below citing the explanation of the reasoning of the judgment of the court of first instance, and accepted the pension of KRW 883,984 each month pursuant to the Public Officials Pension Act after the deceased retired from office, and determined that the living expenses of the above deceased are required by 1/3 of the total income including the retirement pension (in the absence of any dispute). According to Articles 56 and 57 of the Public Officials Pension Act, where a person who received the retirement pension dies, the bereaved family members shall receive 70/100 of the retirement pension as the survivor pension, and therefore, the above deceased shall receive 28,384,266 won (83,984 x 30/30 x 100 x 5474), which is equivalent to 30/100 of the amount calculated by deducting the living expenses of the retirement pension from the accident of this case to the life expectancy, and therefore, they shall have received the above plaintiffs' claim for damages by inheritance.

However, in cases where a person who has received a retirement pension under the Public Officials Pension Act dies due to another person's illegal acts, if his/her bereaved family succeeds to the right to claim compensation for damages that he/she has received as a result of the deceased's failure to receive the retirement pension and has received the survivors' pension at the same time, the bereaved family members are entitled to receive the survivors' pension twice for the same purpose, and in calculating the amount of compensation to be paid to his/her heir, the amount of the survivors' pension shall be deducted from the amount of the lost retirement pension of the deceased. In such cases, the amount of the survivors' pension to be deducted shall be equivalent to 70/100 of the amount of the retirement pension pursuant to the above Public Officials Pension Act, and even if the retirement pension

According to the above facts established by the court below, the above deceased was unable to receive the retirement pension of this case, and he suffered loss loss from the daily amount of 598,322 won (the retirement pension amount 883,984 won x 1/3) after deducting living expenses from the monthly amount of the retirement pension, and the plaintiffs received the amount equivalent to 70/100 of the retirement pension received by the above deceased each month as a survivor pension, so it is obvious that the amount of the amount of the retirement pension of this case would be paid more than the above amount of the retirement pension of this case, and therefore, the plaintiffs' claim for the damages of the above daily retirement pension of this case was not reasonable, and therefore, the court below erred in the misapprehension of legal principles as to the calculation of the amount of damages and the amount of damages, or in the misapprehension of legal principles as to the calculation of the amount of damages, and therefore, it is therefore justified.

3. In light of the records, even after examining the contents of the petition of appeal and the appellate brief, the Defendant did not express any grounds of appeal concerning funeral expenses and consolation money portion among the part against the Defendant, which is positive damage. Therefore, this part of the appeal is dismissed.

4. Therefore, the part of the judgment of the court below against the defendant as to lost profit damage shall be reversed and remanded, and the defendant's remaining appeal shall be dismissed. The costs of appeal as to the dismissal of the appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent

Justices Song Man-man (Presiding Justice)