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(영문) 서울고등법원 2013.08.23 2012누35162

손실보상지급금반환명령취소

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by adding the whole purport of arguments to the statements in Gap evidence 1, evidence 2, evidence 7, evidence 8, evidence 10-1 to 4, evidence 11-1, 2, 3, evidence 12-1 to 7, evidence 13, evidence 14, evidence 16-1 to 5, evidence 17-1 to 5, evidence 18-1 to 5, evidence 18-1, evidence 1, evidence 2, evidence 2, and evidence 3.

The plaintiffs' work plaintiffs are companies running marine transportation business and operate liquefied natural gas (LNG) transportation vessels, such as the annexed sheet 1.

B. Pursuant to Article 8(1) of the former International Ship Registration Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same), the Minister of Land, Transport and Maritime Affairs, and Maritime Affairs, from 2006 to 2010, designated LNG shipping vessels (hereinafter “instant vessels”) as the national essential international vessels stipulated in subparagraph 4 of Article 2 of the same Act (hereinafter “essential vessels”).

C. The transportation contract between the Plaintiffs and the Korea Gas Corporation (hereinafter “Korea Gas Corporation”) entered into a transportation contract with each of the Plaintiffs in order to ensure the stable acquisition of the LNG introduced into the Republic of Korea for a long time.

② According to the above transportation contract, all seafarers on board LNG-only ships are Korean nationals, and their wages are to be borne by the Korea Gas Corporation, and the Korea Gas Corporation has paid wages to the Plaintiffs on the basis of Korean seafarers.

Article 3 (International Ship Collective Agreement) (1) The scope of employment of seafarers subject to this Convention shall be governed by the Labor-Management Agreement, etc. on the fixed number of foreign seafarers. The Labor-Management Agreement, etc. (International Ship Agreement) 1. The Labor-Management Association of the Korea Marine Industry and Trade Union and the Association

Provided, That this shall not apply to the Trade Union.