2. The plaintiff's remaining claims are dismissed.

3. 1/10 of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

A. The Defendant is a Japanese corporation operating a maritime transport business, etc. by chartering CHCRAD FUJI (hereinafter “instant vessel”) from CHPEN, which is a carrier of deep chemical drugs at 20,19t gross tonnage.

B. On August 5, 2008, the Plaintiff concluded a seafarer labor contract with the Defendant to set the contract period from August 6, 2008 to June 5, 2009 and to work as a first class mate on the instant vessel. The monthly wage is to receive USD 5,800 ($4,930 in ordinary wages + USD 870 in allowances). The monthly wage is to receive USD 5,800 in accordance with the Regulations on the Indemnification for Overseas Employment Seafarers (Public Notice of the Ministry of Land, Transport and Maritime Affairs No. 2008-141 in attached Form 1; hereinafter the same shall apply) regarding the accident compensation.

C. On Aug. 6, 2008, the Plaintiff was diagnosed on Jan. 15, 2009 by Singapore Hospital on Jan. 15, 2009, and landed from Ulsan on Jan. 29, 2009, and was diagnosed by the Hospital of the Reduced University (hereinafter “instant disease”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 22, Gap evidence 25, the purport of the whole pleadings

2. Summary of this case

The Plaintiff, while boarding the instant vessel and loading, managing, unloading, cleaning cargo tanks, cleaning cargo tanks, etc., was constantly exposed to dangerous cargo and detailed drugs. Since the instant disease occurred due to climate change and stress arising from heavy work, this constitutes an occupational disease. As a part of the Plaintiff, the Plaintiff asserts that the instant disease falls under an occupational disease. As such, the issue of the instant case is whether the instant disease falls under “official disease” of the Plaintiff.

3. As to whether an official disease is a disease

A. Facts of recognition

1) Details and form of work of the Plaintiff

A) The instant vessel, as an irregular aircraft, was loaded with cargo (chemical drugs) at the place where the instant vessel is requested for cargo transport according to its needs from time to time, and was unloaded at the scheduled place, and subsequently, was transported to load new cargo again. The Plaintiff was on board the instant vessel and 17-32 main navigation of the instant vessel, i.e., heavy East East area, transfer, Ulsan port, etc., and 17-32 main navigation.

B) The instant vessel has 16 cargo tanks to load chemical drugs, which are cargo. The depth of the cargo tank is 12-13 meters, the cargo tank is loaded, unloaded, and the cargo can be loaded, unloaded, and the engine of the instant vessel has the entrance to which people can download, and automatic winding machines for cleaning work after loading and unloading are installed.

C) The Plaintiff, as the first class mate exclusively in charge of cargo, loaded, managed, loaded, loaded, loaded, loaded, and reported to the captain all chemical substances and taxes loaded in the cargo hold until the loading and unloading of the instant vessel, and conducted the work of cleaning the cargo tank and sampling the cargo after loading and unloading of the cargo with the detailed system after loading and unloading. The type and characteristics of the cargo that the Plaintiff handled during the loading and unloading period are as indicated in the cargo list (attached Form 2), and the description and characteristics of the item classified as dangerous cargo among the detailed chemicals handled by the Plaintiff are as indicated in the detailed list of the detailed chemicals (attached Form 3). The characteristics of the chemical medicine are as stated in the detailed list of the Korea Occupational Safety and Health Agency’s data on safety and health.

D) From among the seafarers of the instant vessel, only the captain, chief mate, chief mate (Plaintiff), and 4 decks were Korea, and all the rest 16 seafarers of the Philippines were included. Since chemical management was important due to the characteristics of the instant vessel, the Plaintiff employed the Plaintiff as a first class mate in exclusive charge of cargo and had the Plaintiff manage only the cargo without being assigned to navigational watch, and the Plaintiff was a position of directing, supervising, and managing the Switzerland crew in relation to the loading, unloading, management, etc. of the cargo. However, if the ISO crew members are unable to properly handle the cargo or are unable to be entrusted to the Switzerland crew members, the Plaintiff directly handled the cargo with Nonparty 1, which is the deck, the Plaintiff was in charge of collecting the cargo after cleaning the cargo tank and loading the cargo. As a result, the Plaintiff may be liable for a large amount of damages from the owner of the cargo, the Plaintiff was either able to properly clean the cargo while loading and unloading the cargo tank or temporarily locking the cargo.

6) The vessel of this case is very important to clean the cargo tank before loading of new cargo in order to prevent the deterioration of cargo loaded. Although it is possible to do so by ventilation work, it shall be cleaned with cleaning agents, etc. The general cargo tank cleaning process shall be as follows: ① butter ring machine (hereinafter “B/W”) shall be operated after loading of cargo; ② To clean the remaining cargo tank in order to remove the residual cargo from the surface of the water tank, b/w at the surface of the water tank; 6) To clean the cargo tank in order to remove the remaining cargo from the surface of the water tank; 6) to clean the water tank in order to remove the residual water from the surface of the water tank, or to use the water tank in the body of the water tank in the body of the water tank, and to remove the residual water from the surface of the water tank.

The Plaintiff, while on board the said vessel, was engaged in cleaning up 16 cargo tanks, as stated in the cleaning details table. Among them, the bottom part of the work dated November 6, 2008 and the work dated December 25, 2008, the Plaintiff directly entered the cargo tank with the device and carried the cargo tank, and the Plaintiff worn protective clothes, such as large-scale protective clothes, and the pen strings. At the same time, two-three-three-day hours per way of cleaning the cargo tank, and approximately 30-40 minutes from the presses work.

F) Upon completion of the cleaning of the cargo tank and the commencement of loading of the cargo, the loading of the cargo is suspended when the cargo was loaded at a level of about 30 cm from the surface of the cargo tank, and the condition at the time the cargo was collected and the conditions after the cargo was loaded are verified. In this process, the Plaintiff’s sampling work is required to ensure that the cargo was loaded in the cargo tank and inspected the cargo. At the same time, the level of 10 to 20 minutes for sampling of the tank. The inspection results show that the Plaintiff, if the cargo arrives at the destination of the vessel, loading of the cargo tank together with the tallyman, and the Plaintiff, if the vessel arrives at the destination, loading and unloading of the cargo tank by conducting sampling work in the same manner as above.

2) Plaintiff’s medical records

From 1989 to 1998, the Plaintiff began a seafarer’s life in 1986 and ceased a seafarer’s life on several occasions, and was on board a deep-sea transportation line similar to the instant vessel from May 7, 2007 to May 8, 2008 and served as a first class mate. At that time, the Plaintiff was in charge of a captain’s navigation assistance duty, navigational duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty, etc. The Plaintiff did not suffer from a second classr on board the instant vessel duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty performance duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty duty.

The Plaintiff continued to provide medical treatment on the part of the Plaintiff at the time when 15 days to 30 days passed after boarding the instant vessel. From the point of view of the two months following the Plaintiff’s boarding of the instant vessel, the symptoms showing symptoms, such as cleaning a cleaning agent and drying a drring, etc., and continued to provide medical treatment on the part of the Plaintiff. At the same time, the Plaintiff took out first-aid drugs stored in the instant vessel on October 11, 2008; however, the symptoms were not good, and the Plaintiff left the instant vessel on January 29, 2009 and continued to undergo medical treatment until now. During the same boarding of the instant vessel, Nonparty 1, a cargo tank cleaning work, etc., among other crew members of the instant vessel, had no other symptoms, but to undergo medical treatment on the part of Nonparty 1, 1, 2009, and the Plaintiff did not have any other person to undergo medical treatment on the part of Nonparty 1, 201.

Meanwhile, on November 1, 2005, prior to boarding the instant vessel, the Plaintiff was diagnosed as Alphar Contact Contact Contact Magwon, but this was caused by a bank, which was caused by the bank. The Plaintiff did not undergo the hospital treatment due to an skin disease until he was on board the instant vessel.

(iii) medical opinions

A) Initial diagnosis (The Singapore Hospital dated January 13, 2009)

- Sick name: High-quality skin skin infections (the upper part of the upper part of the upper part of the upper part of the upper part, bucks, bucks, body boxes).

- Cause: the same is not caused by food, and is likely to be caused by environmental cause (Envirure).

- Instructions: Maintenance of bedclothess, performance of easy functions, dust and added places should be avoided, and it is good to get out of the country after undergoing an inspection at the port of the next port of Ulsan, and without good conditions.

b)the results of the examination and treatment of hospitals affiliated with the NFI;

- At the Last Ma fod test to exclude food-related divers, all of the items were shown to have been voiced. At present, the symptoms are currently being treated while continuously taking it back, and symptoms are in front of it. In the future, it is necessary to undergo an external outpatient treatment for the happiness of Costa divers during the improper period (the deceased non-party 2 of February 19, 2009).

- The outpatient treatment is required for the future several months (the non-party 3 of the doctor's office on March 12, 2009).

- The name of bottled scopic scopic scopic scopic scopic scopic scopic scopic scopic scop

- At present, symptoms occur intermittently and show honobity and aggravation. It is deemed necessary to treat the disease for an illegal long time in the future. The disease can be aggravated by mental and physical stress (the doctor Nonparty 2 of May 13, 201).

- The Plaintiff’s disease is a chronic divers, and it is difficult to prove that the Plaintiff’s disease was caused by chemical drugs or the working environment. The classification of divers may lead to the Plaintiff’s disease as a result of the aggravation of contact with the hivers from a specific material. While the Plaintiff’s disease can be completely cured, it cannot be accurately understood that the Plaintiff’s disease can be completely cured, but it is difficult to grasp the time. The Plaintiff is the state where the symptoms were shown as of September 7, 2010 (the result of the fact-finding with respect to the hospital affiliated with the hivers’ University at Reduced University on September 7, 2010).

C) Results of entrustment of appraisal to the director of Busan University Hospital

The Plaintiff’s symptoms are suspected of being chronic divers. This is highly likely to occur due to a chronic diversys or chronic diversysys, given that the causes of the hystys are different from each other, it is difficult to completely exclude the possibility of working the hystys due to various human beings, including chemicals and stress exposed at the time of the Plaintiff’s boarding. If the Plaintiff was exposed to a chemical, the possibility of being exposed to the hystys through the skin or the respiratory body is high, and in the case of the Plaintiff, it was not confirmed that the hystys are not limited to the exposure department and that the hystys were accompanied by the respiratory symptoms.

The chronic specialitys account for 70% of the chronic hairs, and the causes have not yet been found in various medical surveys. The Plaintiff is highly likely to have chronic peculiar exposure date, but it is difficult to completely eliminate the two-wheeler due to immunological organ. There is no medical data on whether the two-wheeler is aggravated by severe mental and physical stress or chemical drugs. On October 19, 2010, the Plaintiff still has not been cured due to the drug treatment. The chronic exposure may be cured, but it is impossible to predict the treatment point for each patient.

D) Results of inquiry into the Korea Occupational Safety and Health Institute (Non-party 5 of industrial medical specialist)

The chronic divers may occur due to various causes, such as infectious diseases and physical environment that frequently stimulates the skin. In the case of the Plaintiff, the chemical drugs listed in the separate sheet have been opened on board the skin, and if the chemical drugs have been directly contacted with the skin or exposed through steam, it is highly likely to be chronic divers due to occupational contact skin. However, as there are factors such as physical working conditions or biological harmful factors (e.g., prevalence, etc.) during boarding, it is difficult to make a decision on the probability.

E) The results of fact-finding on the Gimwon

The symptoms of Alphurian contact skin infection diagnosed on November 1, 2005, which the Plaintiff had been diagnosed on November 1, 2005, were in need of medical treatment at the time, as a galphical sulpha, sulpha, and red sulpha. The above disease can be completely cured by a bank, and the bank can be completely cured or re-exploited, but it is less likely that the above Alphurian contact skin infection may re-exploitate for several years.

The symptoms of the Plaintiff, diagnosed on January 31, 2009, were in the state of need of medical treatment as a sacrife, expansion, and sacrific expansion. A approximately 70% out of the sacrronic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic saccinic sac

F) Explanation of textbooks, etc.

(1) Twos: The twos shall be accompanied by a sulphal and sulphical phenomenon that occurs due to a increase in the administration of the sulphism of the surgical surgical surgical surgical surgical surgical surgic. The twos shall be classified into acute and chronic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic surgic sar

(2) Call nivers: An excessive physical stress, mental stress, sudden temperature change, hot bath, etc., which leads to a call nivers if the core temperature has increased to 1°C level, and accounts for 5-7% of the total nivers. In clinically, a large number of expansions in the 1-2ms, which are less than 1-2 meters, appears to appear, and a large number of face, face, loss, and outbreak are not shown in the body. There are many people who resisting that they are faced with the skin rather than the symptoms.

[Based on the basis of recognition] The facts without dispute, Gap evidence 3, Eul evidence 4-1, 2, Gap evidence 5-7, Gap evidence 8-1, 2, Gap evidence 9, Gap evidence 10, Gap evidence 11, Gap evidence 14, Gap evidence 15-17, Gap evidence 19, Eul evidence 22, Eul evidence 23, Eul evidence 23, Eul evidence 3, Eul evidence 6-1, Eul evidence 6-2, Eul evidence 7-9, non-party 1's testimony reduction, defendant 1's hospital attached to the medical college of the university, Sung-si hospital, Korea Occupational Safety and Health Agency, Korea Occupational Safety and Health Insurance Corporation, Incheon Special Self-Governing Province, Kim Hank Investment Company, Hakkkkker's business, the fact-finding on each of the plaintiff's hospitals's physical entrustment of oral proceedings, results of fact-finding on each of the plaintiff's hospitals.

B. Determination

1) Legal principles applicable to the instant case

Although the Seafarers' Act does not apply to the ship of this case, in light of the purpose and content of the enactment of the provision on accident compensation, it is reasonable to interpret "official disease" under Article 11 (1) of the above accident compensation provision as the same meaning as "official disease" under Article 85 (1) of the Seafarers' Act. The "official accident" under the Seafarers' Act applies equally to the legal doctrine of causation as to "occupational accident" under the Industrial Accident Compensation Insurance Act. Therefore, the "official disease" under the above provision has causation between occupational accident and disease as a disease caused by a seafarer's occupational performance. However, if the existing disease is aggravated in relation to his duties or shows symptoms only when it becomes worse in relation to his duties (see Supreme Court Decision 2007Da84420, Mar. 27, 2008). The method and degree of proof is not necessarily required to be proved clearly by direct evidence, but it is also necessary to prove the medical and natural causal relation between occupational disease and occupational condition at the time of the pertinent seafarer's health and physical condition, and whether it had been engaged in another worker's occupational disease (see Supreme Court Decision 29599.

The Defendant asserts that the crew and the land workers should be distinguished from the concept of occupational accidents. In other words, unlike the land workers, “accident other than occupational accidents” in the case of crew members is included in the scope of compensation. This is to expand the shipowner’s liability by taking account of the fact that the place of labor provided is limited to the ship itself and that they are forced to stay in the ship at all times. In light of such purport, “occupational accidents” should be more strict and objective than the land workers.

The purpose of the Seafarers’ Act and the accident compensation provision based on the Act is to further protect maritime workers by taking into account the Defendant’s point of view and the seafarers’ working conditions, etc. Therefore, it is difficult to accept that the concept of “occupational accidents” should be more strict when determining the concept of “occupational accidents.” This is true in that the scope of compensation is not broad in the case of “accident other than occupational accidents on board” under the above provision.

2) The term “official disease” constitutes “official disease”

In the instant case, it is difficult to prove clearly the causal relationship between the instant disease and the Plaintiff’s duties, as the cause of chronic dysia has not yet been clearly revealed. However, in full view of the following circumstances and the medical opinions on the Plaintiff’s symptoms, it can be inferred that the Plaintiff’s above disease was directly caused by the Plaintiff’s duties or would have rapidly deteriorated at least at a natural speed beyond the Plaintiff’s work. As such, a proximate causal relationship exists between the instant disease and the Plaintiff’s duties. Accordingly, the Plaintiff’s above disease constitutes occupational diseases as stipulated in the accident compensation provision in the instant case.

In other words, in November 2005, the Plaintiff suffered alurgic contact skin infection, but this is different from the disease of this case, except that, there was no suffering from the skin disease until boarding the ship of this case, and even after normal diagnosis was conducted in the physical examination before boarding the ship of this case, the symptoms of this case rapidly aggravated for a short period of time during which the disease of this case occurred immediately after boarding the ship of this case, and during the short period of time during which the disease of this case was within the year of 1 year.

② There may be a sudden change in temperature due to a sudden change in temperature. There is also a possibility that the Plaintiff underwent a sudden change in body temperature by entering the tank after cleaning the cargo tank with a hot sea water and Cheongwater, etc. from 60 to 80∑C.

③ From among the cargo loaded during the Plaintiff’s boarding period, Ethanol has long-term and repeated contact with the skin, it is difficult to readily conclude that the skin is a completely safe substance in the skin insofar as it appears to have a weak degree of stimulity in the stimulative experiment using stimul and stimula, and that there is a weak degree of stimulity in the stimulative experiment using stimula. Stylelenene, MTBE, I-BE, as a result of the stimule test on stimule, which led to the stimule in the middle or 7 days, and in particular, in the case of Stlelelene Moomer, it is assumed that the stimule causes stimule in the middle or the stimule.

④ Also, ethanol used in cleaning cargo tanks is a substance regulated by the Occupational Safety and Health Act, the Occupational Safety and Health Act, the Toxic Chemicals Control Act, etc., which requires protective equipment to be worn at the time of handling, and immediately warns the skin as a cleaning agent, even if there is no material about the diversity and over-coverness, it cannot be deemed as a safe substance at the skin. Other detailed agents, such as Aqua Break PX, Uniton, and Kerose, are also substances which are stikely harmful to the skin.

⑤ Even when the Plaintiff worked on deck using automatic washing machines, etc. in the course of cleaning cargo tanks, it is difficult to see that the Plaintiff completely escaped from the contact with the chemical substance, and there is a high possibility that the Plaintiff contacted the chemical substance through skin and respiratory devices during the process of carrying out the frame in a direct tank. In the process of sampling, it is possible to contact the chemical substance through skin or respiratory devices even during the other sampling process.

6. The hazards of the chemical substance handled by the Plaintiff during the boarding period are as above, and the possibility that the Plaintiff could have contacted directly or indirectly during the work process is considerable, the possibility that the instant disease occurred due to the Plaintiff’s exposure to the said chemical substance, directly or indirectly, cannot be ruled out completely. Even if the instant disease occurred due to other causes, not because of the foregoing chemical substance, it is highly likely that the Plaintiff’s contact with the said chemical substance would have contributed to the aggravation of the Plaintiff’s disease.

7) The Plaintiff, a relatively large number of shipping lines of nuclear and chemical drugs, is a first mate exclusively in charge of cargo, and was engaged in sampling, cargo tank cleaning, cargo management, etc., while exercising overall control over and supervising freight-related affairs. Furthermore, even after the outbreak of the instant disease, the Plaintiff continued to perform the same duties in a state where there is no substitute crew for the Plaintiff, and only took measures against the Plaintiff, and the Plaintiff took emergency medicine inside the ship without proper treatment. Such occupational pressure and the working environment, etc., which was unable to receive appropriate treatment, led to the aggravation of the Plaintiff’s disease.

3) Determination on the Defendant’s assertion

The Defendant asserts that the instant disease did not constitute an official disease because both the Plaintiff’s performance of duty and the recognition of duty are denied. In other words, it is probable that the instant disease had already occurred prior to the Plaintiff’s boarding of the instant vessel, and that the Plaintiff’s body was exposed to the chemical substance in light of the substance of the Plaintiff’s operations, and even if there were no possibility that the chemical substance might have been exposed to the chemical substance, it did not have any causal link with the instant disease because the s

However, there is no evidence to acknowledge that the Plaintiff suffered from similar diseases before boarding. Moreover, considering the work performed by the Plaintiff, the Plaintiff cannot be acknowledged as being directly or indirectly exposed to chemical drugs during the work, and its toxicity cannot be disregarded.

In the instant case, it is difficult to readily conclude that the Plaintiff’s disease was caused by contact with the chemical substance, and there is no person showing symptoms similar to the Plaintiff among seafarers aboard the instant vessel, the possibility that the Plaintiff’s personal body or genetic person contributed to inducing and expanding the instant disease may not be ruled out. However, even so, there are general features that it is difficult to reveal the cause of the outbreak, and there are no other circumstances that may cause the Plaintiff to have the Plaintiff aboard the instant vessel in addition to the fact that the Plaintiff handled the substance near the skin, etc. in this case. Considering all these circumstances, there is room to deem that the Plaintiff suffered from the instant disease in combination with his personal body or genetic characteristics by contact with the instant chemical substance, and that there is still a causal link between duties and duties.

4. Regarding the scope of accident compensation

(a) Compensation for medical treatment;

The Plaintiff received medical treatment from a hospital affiliated with the small university and college from February 2, 2009 to March 16, 201. The medical expenses amounting to 290,600 won and the medicine expenses amounting to 392,740 won and the aggregate amounting to 683,340 won (=290,600 won + 392,740 won) (i.e., evidence 26).

(b) Injury and disease compensation;

1) As of July 20, 201, the Plaintiff continued to receive medical treatment due to its failure to recover the instant disease until now, and was not employed as a seafarer. The Plaintiff’s ordinary wage is USD 4,930, and the exchange rate based on the sale and purchase based on July 7, 201 is KRW 1063.7,00 per US dollars (Evidence 1, evidence 28, and the purport of the entire pleadings).

(ii)Calculation;

- 20,976,164 won in early four months (US$ 4,930 x 1063.7 won x 4 months x 100 %)

- KRW 91,971,858 (i.e., USD 4,930 x 1063.7 x 20 days in 25 months x 70%)

- Total 12,948,022 won (=20,976,164 won + 91,971,858 won)

- On November 9, 2009, the Defendant deemed the instant disease as “a disease other than that on duty” and paid KRW 12,328,266 to the Plaintiff as accident compensation (Evidence A 29). Therefore, upon deduction, the Defendant would be 100,619,756 won (i.e., KRW 112,948,022 - 12,328,266).

5. Conclusion

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 101,303,096 (i.e., KRW 100,619,756 + KRW 683,340) and the amount of delay damages pursuant to the accident compensation provision of this case.The initial date for delay damages is July 21, 201(6% per annum under the Commercial Act) and Article 3(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks.

[Attachment 1] Provisions on Indemnification for Overseas Employment Seafarers: Omitted

[Attachment 2] Freight List: omitted

[Attachment 3] Table of Tax Affairs: omitted

[Attachment 4] Table of Cleaning: omitted

Judge Oral J.S. (Presiding Judge)