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TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2020Da271650 Decided April 25, 2024 【Reimbursement】 [full Text]
Summary
【Main Issues and Holdings】 [1] Method of recognizing the number of working days in the assessment of lost income of an urban daily worker based on statistical facts concerning an urban daily worker’s daily wage earned from labor [2] In the case where: (a) Party A incurred an injury like bone fractures due to a fall while working on safety restraint net connected to crane hooks; (b) the Korea Workers’ Compensation and Welfare Service admitted the aforesaid accident as an occupational accident and paid temporary incapacity benefits to Party A and filed a lawsuit for reimbursement against Incorporated Company B, the insurer of the crane; and (c) the number of monthly working days of an urban daily worker was at dispute, the case holding that, barring special circumstances, it is difficult to recognize the number of monthly working days of an urban daily worker in excess of 20 days, yet the lower court acknowledged monthly working days of an urban daily worker as 22 days, thereby committing an error based on the misapprehension of legal doctrine
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