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(영문) 서울고등법원 2017.06.13 2016누79535
유족급여.장의비대체지급부지급처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition or dismissal, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added from 5 pages 10 up to 5 pages of the first instance judgment:

(A) According to the court's fact-finding with the Minister of Oceans and Fisheries, the ship of this case can not be registered retroactively, and the ship of this case is deleted from 6th two of the judgment of the first instance.

7 at the bottom of the 6th judgment of the first instance, the following shall be added:

(A) Article 106(1) of the Seafarers Act does not apply to cases where a shipowner does not subscribe to an insurance or mutual aid under Article 106(1) of the Seafarers Act. In such cases, a shipowner shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won pursuant to Article 173(1) of the Seafarers Act) under the sixth bottom of the judgment of the first instance, one to seven (7) pages, as follows:

Meanwhile, as long as the Seafarers Act and the provision on accident compensation cannot be applied to the deceased and the Plaintiff, a user, who was the crew of the instant vessel, since the instant vessel was not registered for the marine cargo transport business around the time of the instant accident, whether the instant vessel constitutes a barge used in the marine cargo transport business need not be examined further.

2. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

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