On December 5, 1953, the judgment of the court below rejected the plaintiff's claim, which held that the plaintiff was employed by the defendant Corporation only on the same day as the plaintiff's 11th day of the month when the plaintiff was sent to the defendant Corporation by the captain of the defendant Corporation and the first class engineer of the above ship by the president of the defendant Corporation.

However, according to Article 773 of the Commercial Act, since the employment of seamen on board a ship belongs to the captain's own authority to act on December 11, 1953, the captain on board the ship owned by the defendant Corporation does not arrange the employment of the plaintiff to the defendant Corporation: Provided, That the captain on December 5, 1953 between the captain of the ship and the plaintiff who is the first class officer of the ship owned by the defendant Corporation was established a boarding contract on December 5, 1953 and the plaintiff who was the first class officer of the ship was issued by the Busan Sea Authority on December 11, 1953, unless there are other special circumstances, the plaintiff shall be deemed to be employed by the above captain on December 5, 1953, and therefore, the court below determined that the plaintiff was enrolled in the defendant Corporation on December 11, 1953, which was issued by the above governor, is erroneous in the misapprehension of legal principles of Article 773 of the Commercial Act, which affected the conclusion of the judgment of the court of Busan District Court.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman