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| TITLE | Supreme Court Decision 2017Da280951 Decided September 26, 2019 【Damages (Automobile)】 [full Text] |
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| Summary | |
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[1] Whether, in a case where a victim who died as a result of a tort had pursued a profession with a fixed term, lost income may be calculated on the basis of the findings upon investigation and review regarding the victim’s occupation, which the victim may be deemed to have subsequently taken up, and the income derived therefrom after the expiration of the term (affirmative) and whether, in a case where a functional group containing the occupation, that the victim was engaged in, in accordance with statistical data on income classified by a functional group integrating several fields is composed of careers that are mutually dissimilar, the victim’s expected income may be calculated on the basis of the statistical income of the functional group (negative) [2] In the case where Party A’s parents claimed damages against Party B and Insurance Company C, an insurer of Party B’s vehicle upon the death of Party A during treatment as a result of an automobile accident in which Party A’s vehicle was impacted by the vehicle Party B was driving while Party A, who had served as a military surgeon after qualifying as an orthopedic specialist, was driving the affected vehicle, the case holding that the lower judgment estimating lost income after Party A would have been discharged from military service on the basis of the statistical income of “profession related to health, social welfare and religion” contained within the Survey Report on Labor Conditions by Employment Type is untenable; and in so determining, the lower court erred by misapprehending the legal doctrine on the calculation of lost income |
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