Dental student assaulted on the street... Appellate trial compensation 'double ↑'

Court recognizes ‘medical treatment expert’ based on future income… “Payment of 273.16 million won” ruling

In an appeal trial for a prospective medical worker who was assaulted on the street, the amount of compensation for damages was nearly twice as high as in the first trial.

This is because the future income standard for prospective medical professionals was ‘health, social welfare, and religious occupations’ in the first trial, but was recognized as a ‘medical care expert’ in the second trial.

According to the legal community on the 30th, the Busan District Court recently ruled that B, who caused the injury, should pay approximately 273.16 million won in the appeal trial of a damages claim filed by Mr. A, a dental graduate school student.

This amount is approximately twice as much as the first trial damages award of approximately 143.59 million won awarded in February of last year.

Mr. A bumped shoulders with Mr. B on a roadside in Geumjeong-gu, Busan in April 2020. When Mr. A complained, calling him a ‘mistress,’ Mr. B struck Mr. A in the face several times with his fist and also kicked Mr. A, who fell to the floor.

As a result, Mr. A suffered a complete rupture of the muscles at the corners of his mouth, at both ends of his lips, and the development of temporomandibular arthritis, an injury that required treatment for 21 days. In February of the following year, he was also diagnosed with post-traumatic stress disorder (PTSD), depression, and panic disorder due to the assault.

Accordingly, Mr. B received a summary order with a fine of 2 million won in October 2020, and Mr. A claimed damages of approximately 297.06 million won against Mr. B.

The first trial court determined that Mr. A had lost his ability to work to the extent that aesthetic problems, such as his lips being twisted when he opened his mouth and neurological symptoms remaining in the oral area, would affect his choice of occupation.

The court judged that the deep scar on the lip area was “to the extent that it could affect his ability to attract patients as a dentist.”

The court calculated the profit (lost profit) that could have been obtained if this incident had not occurred.

Mr. A, who was 21 years old at the time of the accident, was considered to have a high possibility of becoming a dentist to the extent that he received a scholarship for excellent grades at a dental school, and lost profits were calculated based on ‘health, social welfare, and religious occupations’ from the internship period in 2026 until 2063 when he turns 65.

In addition, the court ruled that approximately 143.59 million won, including medical expenses, future treatment expenses, and alimony, should be paid as well as interest on delay.

Regarding this, both Mr. A and Mr. B appealed. Mr. A believed that future profits were underestimated and requested recognition of the ‘medical care specialist’ standard in the 2022 ‘Work Status Survey Report by Employment Type’.

Conversely, Mr. B claimed that his future profits were overestimated due to the fact that he was a dental school student.

Accordingly, the appellate court did not accept Mr. B's claim and ruled that "damages of approximately 273.16 million won and delay damages be paid, which is twice the amount compared to the first trial."

The court explained, “The plaintiff has excellent academic performance, including receiving a scholarship for excellent grades and receiving excellent grades. Considering his age and academic performance, there is a significant possibility that he will be able to earn income as a dentist in the future,” and “It is expected that this will cause various obstacles to Mr. A’s ability to perform his duties as a dentist.”

Attorney Choi Bo-yoon of Daeryun Law Firm, who represented Mr. A, said, “We confirmed that a new occupational group of medical specialists was created in the recent labor status survey report by employment type, and we actively argued for this based on Supreme Court precedent, so we were able to have dentists’ reasonable income recognized.”

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Daily Medi - Dental student assaulted on the street... Appellate Compensation ‘Double ↑’

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