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(영문) 부산지방법원 2014.02.13 2013고정5313
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the actual owner of Busan Shipping B.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, on August 26, 2011, the Defendant terminated the seafarer’s labor contract with the crew on board the said vessel due to the sinking of the said vessel at sea near the Bapoon, and the Defendant did not pay KRW 493,30 of the amount of wages of the head of the agency who retired on board the said vessel within 14 days from the date of their retirement when he/she was on board the said vessel from July 15, 201 to August 26, 2011.

2. Violation of the Seafarers Act;

(a) A shipowner who has failed to pay a retirement allowance to deck D shall pay the amount equivalent to average boarding wages for 20 days as a retirement allowance to a seafarer who has retired due to the termination of a seafarer labor contract due to reasons not attributable to the seafarer, from among seafarers who have been in the continuous service period of not less

Nevertheless, the Defendant was on board the said ship from September 28, 2010 to August 26, 2011, and retired from the deck D, and the Defendant did not pay the said D retirement pay KRW 1,133,330 corresponding to average boarding wages for 20 days, even though it was not related to the cause of the said sinking accident.

(b) Where a seafarer labor contract is terminated because a shipowner who has failed to receive unemployment allowances has been unable to continue his/her business due to the sinking or loss of the ship or other inevitable reasons, he/she shall pay the amount equivalent to two-months

Nevertheless, on August 26, 2011, the Defendant terminated the seafarer labor contract as it is no longer possible to continue its business due to the sinking of the above vessel that occurred around August 26, 201, and the Defendant did not pay 3.8 million won to the above C and 3.4 million won to the above D, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to C, D, E, and F;

1. Certificate of work experience on board;

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