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(영문) 부산지방법원 2015.11.18 2014고단9906

선원법위반

Text

Defendant

A Imprisonment for 10 months, Defendant B shall be punished by a fine of 7,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative of B Co., Ltd. in Kim Sea-si, who is engaged in the business of transporting chemicals and petroleum products, and Defendant B is a corporation that owns three vessels of F, G, and H and engages in the business of transporting chemicals and petroleum products.

1. Defendant A

(a) A shipowner of the fact that wages are unpaid shall pay wages to seafarers at least once a month on a fixed date;

Nevertheless, around February 15, 2014, the Defendant did not pay KRW 3,577,500 to I who worked as a seafarer in F as a seafarer at the above B office, and did not pay KRW 99,298,220 in total for ten seafarers as stated in attached Table 1 (excluding Nos. 1 and 8 among them).

(b) A shipowner who has not been paid a retirement allowance for at least one year must pay a retirement allowance equivalent to the amount of average boarding wages for at least 30 days if a seafarer has retired for at least one year. Nevertheless, on April 13, 2014, the Defendant paid a retirement allowance equivalent to the amount of retirement allowances for at least 43,377,500 won in total for four seafarers, as shown in attached Table 2, including that a seafarer has worked as a seafarer from April 1, 2013 to March 31, 2014 and has not been paid a retirement allowance of at least 3,57,500 won from March 1, 2014, if a seafarer has retired for less than six months and less than one year, the shipowner shall pay a retirement allowance equivalent to the amount of retirement allowances for at least 20 days if a seafarer has retired for less than six months.

Nevertheless, the Defendant, at the above B office around June 6, 2014, worked as a seafarer from August 23, 2013 to May 24, 2014, did not pay a total of KRW 15,23,630,00 for five seafarers, as stated in the attached Table 3, as well as a retirement allowance of KRW 2,665,970, to a retired seafarerJ.

(c) A shipowner who is unpaid to paid leave;