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(영문) 울산지방법원 2017.08.25 2015가단9584

선원재해보상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 17, 201, the Plaintiff entered into a labor contract between the Defendant Company and the term of the contract from October 19, 2011 to October 18, 2012 (eight months based on the actual boarding date) with “C (hereinafter “C”) to board the instant vessel as the second class mate,” and was on board the instant vessel for about seven months from October 19, 201 to May 18, 2012.

B. On May 18, 2012, the Plaintiff landed at the Ulsan Port and returned home on May 18, 2012, and around 09:00 following the following day, there were symptoms that the bridge distance is back and the horse is divided. immediately after being transferred to the hospital, the Plaintiff was diagnosed as “in the face of the brain fiber malutism” at the D hospital on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff performed navigational watch from 12:0 to 16:00 each day, and 24:00 to 04:00 each day, resulting in a chronic fault, and two copies were generated due to the legacy discharged from the ship’s brick. The instant vessel was an environment in which the duty burden is increased due to a large number of works incidental to the old vessel.

As such, the Plaintiff works for an unspecified time in a poor working environment.

Since the disease of this case occurred, it constitutes “the injury or disease caused in the course of performing duties” as stipulated in Article 94(1) of the Seafarers’ Act.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 9,657,550, which remains after deducting KRW 13,611,760 as expenses for hospital, etc., from among the amount of compensation for medical treatment under the Seafarers Act, KRW 5,329,310, KRW 69,390,00 for injury and disease compensation, and KRW 44,550,00 for disability compensation, which the Defendant already paid to the Plaintiff as expenses for hospital, etc.

B. Article 94(1) of the Seafarers Act as to whether a ship falls under an occupational disease is a shipowner’s occupational injury or disease, until the injury or disease is cured.