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(영문) 창원지방법원 통영지원 2016.02.18 2014고정622

선원법위반

Text

Defendants are not guilty.

Reasons

1. Facts charged [2014 high court 622]

A. Defendant A in violation of the Seafarers’ Act against F was the representative director of Defendant B, who owned the “H” vessel located in G in Tong Young-si, employed the crew of the vessel, and engaged in maritime cargo transportation business.

1) Defendant A did not pay 7,419,390 won, an amount equivalent to ordinary wages for 83 days of paid leave not used as shown in the attached Form, when part of paid leave was not used by the F employed as a seafarer employed by the seafarer employed by the “H” from around December 29, 201 to December 28, 2013, Defendant A, who had not used the part of paid leave.

2) Defendant B Co., Ltd. neglected to exercise due diligence and supervision over Defendant A’s business affairs, which is its representative, and Defendant A committed the same offense as that of Defendant B Co., Ltd.

[2015 High 414]

B. Defendant A owned the “J” vessel from January 10, 201 to September 24, 2014, and I owned the “J” vessel from March 30, 201 to January 10, 201, and was the representative director of Defendant B, who is engaged in maritime cargo transport business by employing crew members of the vessel.

1) On December 15, 2011, when K employed as a seafarer working on the “J” vessel did not use part of paid leave on the part of December 15, 201, the representative director I paid the amount equivalent to ordinary wages for the number of days not used, but did not pay 2,98,367 won, equivalent to ordinary wages for 41 days of paid leave not used in 201.

B) On December 14, 2012, I did not pay KRW 2,964,90, which is an amount equivalent to the ordinary wage for 42 days of paid leave not used for 2012 to K as above.

Accordingly, Defendant B Co., Ltd. is the representative, I.

참조조문