“Considering the trend of decreasing legal working days and increasing public holidays due to economic advancement”
Material photo” alt=”<한겨레> Material photo” />
Base photo
As the average working hours has decreased compared to the past, the court judged that the amount of damages to be paid to simple urban daily workers who lost their ability to work in accidents should also be lowered. The 4th Division of the Civil Affairs Office of the Seoul Central District Court (Judge Jong-gwang Lee) announced on the 14th that the plaintiff has ruled in some cases in a lawsuit for compensation for damages filed against doctors and hospitals by Mr. While receiving treatment for arthritis on the left side, Mr. A, suffered from foot pituitary, where he was unable to lift his ankle due to a medical negligence, requested compensation from the doctor and the hospital. Like Mr. A, if some or all of the labor force is lost in an accident, the court calculates the future income (lost income) lost by the victim. Lost income is determined by taking into account the remaining period until retirement and earned income per hour. In the case of Mr. A, who was 53 years old at the time of the operation, he was able to be guaranteed the daily labor of a city daily worker who mainly did the minimum manual labor because he did not have a certain job. Accordingly, the appeal trial overturned the judgment of the first trial that recognized the number of operating days (working days) on the 22nd of the month according to custom, and set the number of operating days for daily workers in the city as 18th of a month, and newly calculated the lost income. As the number of operating days per month decreased from the 22nd to the 18th, the daily income of Mr. A, which was recognized as 60 million won in the first trial, decreased to 51 million won in the appeal trial. The total amount of compensation for damages, including treatment expenses, has also decreased from 78 million won to 78 million won. The Ministry of Justice said, “With the advancement of the economy and the development of the leisure industry today, workers are not tied to work and income as before, but are also trying to enjoy freedom of life.” “The Labor Standards Act of 2003 since the late 1990s, when the 22nd month of operation first appeared. This revised work was changed to five days a week, and the number of legal working days decreased and public holidays increased, such as a new alternative holiday in 2013.” The Ministry of Justice continued, “Even according to the statistics of the Ministry of Employment and Labor, the number of monthly operating days for urban daily workers by employment type, job type, and industry is decreasing from 22 days.” Reflecting this, “simple labor workers and irregular workers from 2009 to 2019. He added that the 18th of the month was set as the number of working days for daily workers in the city, taking into account the average of the number of working days for workers in the construction industry. By Jo Yoon-young, staff reporter