[2] The case holding that "a case where a seafarer died due to reasons other than his duties while on duty" under Article 90 (2) of the Seafarers Act in case where he temporarily left a ship while a seafarer was staying in a ship due to the absence of a leave of absence and died after being locked again for his own sake

[2] The case holding that in case where a seafarer temporarily left a ship while a seafarer remains in the ship due to the absence of a breakout period and died after being on board the ship for himself, even if the deceased was on board because there is no place to move during the breakout period, such boarding period shall be deemed to be "in the absence of work (work)" and thus, if a seafarer died while he was on board the ship before the breakout period, it constitutes "a case where he died on grounds other than duty" under Article 90 (2) of the Seafarers Act.

1. According to the reasoning of the judgment below, the non-party deceased entered into a boarding contract with the defendant on December 25, 1996 with the contract term of the contract until December 24, 1997. The above vessel arrived at the port of loading on January 1, 1997, at the port of loading and unloading at the port of Busan, and at the port of loading on January 1, 1997, at the 45 wharf at around 19:00 on the same day. The crew were 19:40 on the next day, and 19:0 on the 19:0 mar, and 2:0 on the 19:0 mar-day after the day after the crew went back to the above mar-day (the non-party 1, who was congested with the mark's mark's mar and the above mar-day mar mar mar mar mar mar mar mar.

2. The plaintiff, who is the son of the deceased, first of all, went away from the sea while the above non-party deceased was landed for purchasing corrosion and was on board the sea, and thus, the plaintiff's claim for the payment of bereaved family's compensation under Article 90 (1) of the Seafarers Act is made. In light of the above recognized facts, the court below rejected the plaintiff's claim on the ground that the non-party deceased was aware that the non-party deceased was trying to sleep for himself after leaving the ship for his own work to see his own work, and in this case, it cannot be deemed that the seafarer died on his duty. In light of the records, the court below's findings of fact and decision of law are just and there is no violation of law as otherwise alleged in the ground of appeal. This part of the arguments are without merit.

3. In addition, the plaintiff asserted that the death of the non-party deceased constitutes "the case where the non-party deceased died due to reasons other than his duties while on duty" as stipulated in Article 90 (2) of the Seafarers' Act, and the court below also rejected the plaintiff's above assertion on the ground that the non-party deceased's death was on the day of death and the next day was closed in light of the above facts acknowledged, and the non-party deceased attempted to board the ship for his own locked as before the above ship because there was no other place than the wind where the non-party deceased was divorced after the divorce. The non-party deceased's death cannot be deemed as being on duty while on duty because the non-party deceased's arbitrary boarding of the ship for his own locked during the period of off duty cannot be deemed as being a case where the

Article 90 (2) of the Seafarers Act provides that "where a seafarer dies due to reasons other than his duties on board, the shipowner shall make compensation for bereaved family members prescribed by the Presidential Decree for bereaved family members equivalent to the average boarding wage for the portion of 1,00 days shall be paid without delay." Article 85 (2) of the same Act provides that "the period of landing at a port of call and the period of travel accompanying the getting on and off shall also be included in "on and off duty". In light of the characteristics of the seafarer's duties and the purport of the Seafarers Act that expanded accident compensation for the seafarer, the concept of "on and off duty" under Article 90 (2) of the Seafarers Act should be interpreted as "on and off duty" regardless of whether the seafarer is on duty, the concept of "on and off duty" includes the whole period of the seafarer's boarding, the period of landing at a port of call, and the period of travel accompanying the getting on and off even if the period of absence expires, it shall be interpreted as "on and off duty period" if the period of the deceased died.

Nevertheless, under different opinions, the court below's dismissal of the plaintiff's claim on the ground that the death of the non-party deceased does not constitute "the death while on duty" under Article 90 (2) of the Seafarers' Act, and there is an error of law by misunderstanding the legal principles on death while on duty under Article 90 (2) of the Seafarers' Act, which affected the conclusion of the judgment. The arguments

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jae-hee (Presiding Justice)