재해보상금 청구
1. The Defendant’s KRW 91,716,580 for the Plaintiff and 5% per annum from August 22, 2017 to February 13, 2019.
1. Facts recognized;
A. The Defendant is a vessel manager and a bareboat charterer of the "C" (hereinafter referred to as the "instant vessel") registered in Pakistan, which is a vessel registered in the Republic of Korea and chartered (chartered foreign vessels on condition that she will acquire Korean registry).
From December 2005, the Plaintiff worked as the first class mate at the Defendant Company from August 20, 2009, while serving as the captain from August 20, 2009, and was on board several times including the instant vessel.
As a captain, the Plaintiff performed his duties as a general manager of ship operation, such as the implementation and education of the company's guidelines, safe navigation of ships, securing of safety of crew and cargo, prevention of various accidents.
During the boarding life, the plaintiff appeared to witness the scene of death or injury of a seafarer, was sailing at a dangerous navigation zone such as a piracy zone, and had conflict with the seafarer.
B. On December 1, 2014, the Plaintiff: (a) on board the instant vessel in Incheon; (b) on April 17, 2015, on the voyage, the Plaintiff, via Canada, Washington, Sri Lanka, etc., caused a yellow disorder (hereinafter “instant wound”); (c) around April 22, 2015, the instant wound occurred again; (d) on April 29, 2015, the Plaintiff returned to Incheon on April 29, 2015.
After returning to Korea, the Plaintiff was hospitalized in the D Hospital immediately and was treated in the heart and the department of mental health until May 7, 2015.
Before the occurrence of the injury in this case, there was no fact that the plaintiff suffered from mental disease, such as depression, etc.
C. On June 3, 2015, D Hospital’s final diagnosis of the Plaintiff as a yellow disorder (e.g., apprehension of e., depression), and written diagnosis of the content of the diagnosis, that “The Plaintiff was within its original origin with symptoms, such as yellow dust caused by occupational stress, and is performing pharmacologic treatment. The condition requiring continuous treatment.”