[유족수당등][하집1988(2),292]
In the middle of fishing, if the cause of the rest in the line is unknown, it shall be deemed that the death in the line of duty is a death.
In light of the fact that, in the event that a person was in the engine room while engaged in fishing operation in accordance with a captain’s command and anchored at sea, if the detailed private person was not revealed, it is reasonable to view that the death on duty within the scope of proximate causal relation with the performance of duties was planned immediately after the rest.
Article 90 of the Seafarers Act
Plaintiff
Defendant
1. The defendant shall pay to the plaintiff 9,089,90 won with 25% interest per annum from March 14, 1987 to the date of full payment.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit shall be borne by the defendant.
4. Paragraph 1 can be provisionally executed.
The defendant shall pay to the plaintiff 9,090,260 won with 25% interest per annum from the following day of the delivery of the copy of the complaint of this case to the date of full payment.
The judgment that the lawsuit costs shall be borne by the defendant and a declaration of provisional execution.
1. The occurrence of liability for the payment of bereaved family allowances and funeral expenses;
The non-party 1, who is the captain of the defendant-owned fishing vessel (11 on board both the captain 1, head of the organization, and other crew members of the non-party 11 on the 14 October 1986, and the non-party 2, head of the non-party 4, captain of the non-party 2, captain of the non-party 4-1, captain of the non-party 2, captain of the non-party 3, and captain of the non-party 4, captain of the non-party 2, captain of the non-party 3, captain of the non-party 5, and captain of the non-party 5, and captain of the non-party 6, were found to have no other weather-related vessel during the above 30-day rest period and no other weather-related vessel was found to have been suspended from the above 30-day weather-related vessel's station or the non-party 2, the head of the non-party 1, who was found to have been dead at the above 30-day rest period.
According to the above facts, the non-party is deceased while continuing fishing operations while temporarily suspending operations in accordance with the captain's command and order and withdrawing rest in the ship. Even if the death of the person was not directly performed his duties, it is reasonable to view that the death of the non-party is within a reasonable causal relationship with his duty in light of the fact that the non-party, who is a seafarer of the ship owned, is expected to continue operations immediately after the completion of the above rest. Thus, the defendant is obligated to pay the bereaved family's allowance and funeral expenses to the plaintiff in the order of priority under Article 29 (1) of the Enforcement Decree of the Seafarers Act as a bereaved family member of the non-party in relation to the non-party'
However, the defendant alleged that the non-party did not have any responsibility since he committed suicide or died due to his gross negligence, but there is no evidence to acknowledge this.
2. Calculation of bereaved family allowances and funeral expenses;
(1) The monthly basic pay of Nonparty 1
At the time of the accident in this case, the shipowner in the Bupyeong-gun, including the defendant, prepared the rules of employment containing the payment of 150,000 won per month to the captain and the head of the agency, and the basic pay to the remaining seafarers a monthly wage of 120,000 with the minimum wage under Article 54 of the Seafarers Act for the seafarers employed by him/her at the time of the accident in this case, and reported it to the competent Maritime Affairs and Port Office, and the fact that he/she was in force is under dispute between the parties. Thus, if there is a separate agreement between the shipowner and the seafarers on the method of paying wages or distributing revenues from fishing, the agreement shall be followed, but if the monthly income of the seafarers calculated according to the agreement falls short of the minimum wage under the above rules of employment, the shipowner shall pay the seafarers the minimum wage under the above rules of employment
However, with respect to the distribution of revenues earned from the fishing operation of No. 3 J. 3 which is a defendant's fishing vessel owned by the defendant, 60/100 out of the total amount after deducting fishing operation expenses from the steering income, 60/100 of the remainder 40/100 of the total amount of crew members, and 60/100 of the total amount of crew members, and the rest of crew members agreed to receive 60/100 of the total amount, 2,000,000 won at the first fishing operation operation of No. 3 J. 1, and there is no dispute between the plaintiff and the defendant and the defendant, but without dispute with the establishment, it is 10/100 of the total amount of wages x 10/100 of the total amount of wages x 20/100 of the total amount of wages x 30/100 of the total amount of wages x 20/10 of the above amount of wages x 10/40 of 10 of the above amount of wages 94.
(2) Survivors' allowances;
Article 90(1) of the Seafarers’ Act provides that the bereaved family shall pay the amount calculated by adding the amount equivalent to 36 months of basic pay to the bereaved family in the event that the seaman dies on duty and the amount publicly announced by the Minister of Maritime Affairs and Fisheries under the conditions as prescribed by the Presidential Decree. The fact that the amount publicly announced by the Minister of Maritime Affairs and Fisheries in the latter part of the above provision divided by the total amount of basic pay to the seafarers of the ship including the captain and the head of agency and divided by the total amount of basic pay to the seafarers of the ship concerned including the captain and the head of agency is 30
(1) Basic wage of 150,000 won ¡¿ 36 months =5,400,000 won.
(2) [150,00 won x (120,000 won x (2) x (9)] ±1 x 30] ±30 won (calculated as 3,763,63, and 636 won, but as sought by the plaintiff) which is the aggregate amount of 9,163,630 won.
(3) Funeral expenses;
Article 91 of the Seafarers’ Act provides that the bereaved family shall pay for funeral expenses the sum of the amount equivalent to the portion of basic salary for one month and the amount publicly notified by the Minister of Maritime Affairs and Fisheries, as prescribed by the Presidential Decree, to his bereaved family in the case of a seafarer’s death. Here, the fact that the amount publicly notified by the Minister of Maritime Affairs and Fisheries of the latter part of the above provision is three-month average value of the basic salary of the seafarers including the captain and the head of agency, divided by the total amount of basic salary of the seafarers of the ship concerned including the captain and the head
(1) Basic pay 150,000 = 1 month = 150,000 won.
(2) [(150,000 x (2) + (120,000 x (9)] ¡À1] x (3) x 3] x 526,360 won which is the aggregate amount of KRW 360.
(4) The sum of the bereaved family’s allowance and funeral expenses (=9,163,630 + 526,360) or the Plaintiff paid KRW 600,00 among the Plaintiff. Accordingly, the Defendant’s bereaved family’s allowance and funeral expenses (=9,689,90-60,000) are KRW 9,080.
3. Conclusion
Therefore, the defendant is obligated to pay damages for delay at the rate of 25 percent per annum from March 14, 1987 to the date following the day on which the copy of the complaint of this case sought by the plaintiff is delivered to the defendant. Thus, the plaintiff's claim of this case is justified within the above recognition scope, and the remainder is dismissed as without merit. The costs of the lawsuit shall be borne by the defendant, and it is so decided as per Disposition with a declaration of provisional execution attached to the above cited portion.
Judges Yoon Don (Presiding Judge) (Presiding Judge)