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(영문) 서울중앙지방법원 2015.03.31 2014가단51082

임금 및 손해배상

Text

1. The Defendant’s KRW 16,78,700 as well as 5% per annum from September 7, 2012 to March 31, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On January 7, 2012, the Plaintiff entered into an employment contract with the Defendant, a company engaged in marine cargo transportation business, etc. (hereinafter “instant employment contract”), and from that date, worked as a first class engineer on board B operated by the Defendant, and landed from April 6, 2012.

- Period: - From January 7, 2012 to September 6, 2012 - Benefits: 3,357,740 won per month; 1st class engineer:

B. On March 6, 2012, the Defendant dismissed the Plaintiff by holding a disciplinary committee on the ground that the Plaintiff failed to comply with the superior’s order, the qualification as an engineer is insufficient, and the Plaintiff committed dangerous acts to suspend the engine by divinging the fuel valves on the ship, and by ordering the Plaintiff to leave the ship by taking disciplinary action against the Plaintiff, on the ground that such act did not comply with the superior’s official order (Article 24(1)1 of the Seafarers Act), and (2) when fighting, assault, drinking alcohol on the ship, or intentionally damaged facilities (Article 24(1)4 of the Seafarers Act).

(hereinafter “instant dismissal”). Article 22 (Disciplinary Action against Seamen) of the Seafarers Act (amended by Act No. 11690, Mar. 23, 2013) (1) (1) A captain may take disciplinary action against seamen in any of the following cases:

1. Where a superior fails to comply with any official order;

2. Where he/she leaves a ship without obtaining permission from the captain;

3. Where he has brought a deadly weapon or narcotics under Article 2 (1) of the Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc. into a ship without permission of the captain;

4. Where he/she fights, assaults, drinks, makes a noise or damages structures intentionally in a ship;

5. Where he/she neglects his/her duties or interferes with the performance of duties of other seamen;

6. Where he/she fails to board a ship by a specified time set by the captain without justifiable grounds;

7. Other acts disturbing order in a ship, which are collective agreements, rules of employment, or activities.