Court Rules "Monthly Working Days for Urban Workers Reduced from 22 to 18"… Compensation Amount Cut
[Asia Economy Reporter Seongpil Cho] The court has ruled that compensation for those who lose their ability to work due to an accident should be reduced in line with the decrease in average working hours compared to the past.
According to the legal community on the 14th, the Seoul Central District Court Civil Appeal Division 4 (Presiding Judge Jonggwan Lee) recently partially ruled in favor of plaintiff A, who filed a damages claim against a doctor and hospital for disability caused by medical malpractice. The court recognized lost income at about 51 million KRW and total damages including medical expenses at about 71 million KRW.
However, the court broke from the previous practice of assuming workers work 22 days per month and instead calculated lost income based on 18 working days per month. As a result, the compensation amount was reduced compared to the first trial, which assumed 22 working days per month. In the first trial, A’s lost income was recognized at about 60 million KRW, and total damages at about 78 million KRW.
The court stated, "According to statistics from the Ministry of Employment and Labor, the monthly working days for urban daily workers by employment type, occupation, and industry are decreasing from 22 days," and added, "We comprehensively considered the average working days of non-regular simple labor workers and construction workers from 2009 to 2019."
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The court calculates future income, or 'lost income,' when a worker loses some or all of their ability to work due to an accident. Lost income is determined by considering the remaining period until retirement age and hourly labor income. Previously, A suffered foot drop due to nerve damage caused by medical malpractice while being treated for left arthritis and filed a damages claim against the doctor and hospital.
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