전문직 종사자의 가동연한과일실수익 산정에 대한 제언

In Republic of Korea, maximum working age of general common labours has been gradually raised from 55 to 60 years old, and then to 65 years old, through the Supreme Court decision. At the same time, the Supreme Court, when recognizing the maximum working age, which is the basis for calculating lost profit damages, includes social and economic conditions such as the average life expectancy of the people, economic level, and employment conditions, as well as the number of workers by age, employment rate or labor participation rate, working conditions by job type, and restrictions on maximum working age, etc. It has been decided by the empirical rule and it can be recognized individually by examining the concrete circumstances. Under this circumstance, after the Supreme Court ruling in 2019, which extended maximum working age of general common labours to 65 years of age, the cases of those who belong to the category of common labours but do not follow urban daily wage or rural daily wage and those who engaged in a specific job controversy arose over how to recognize the operating period and income amount. In this paper, we review the general theory on the estimation of lost profit damages and the maximum working age, and then review in detail the trends of recent precedents on the estimation of lost profit damages and the maximum working age by job type since the Supreme Court decision in 2019. The purpose of this study is to examine whether a series of judgments on maximum working age have validity in specific cases.