[1] Whether the captain, etc. is obligated to appropriately form and maintain the status of the ship so that seafarers can adapt to the ship (affirmative)

[2] The case holding that, in case where a primary seafarer died in the sea by wearing only his name on the new wall that was formed and maintained remarkably inappropriate by social norms, the captain, etc. failed to properly form and maintain the on-board situation and the above death cannot be found a proximate causal relationship between the tort that the captain, etc. failed to properly form and maintain the on-board situation, but the captain, etc. is liable to pay consolation money for the deceased's eating of his mind to attempt escape at sea due to the above tort such as the captain, etc.

[1] Generally, on-board life is the so-called head of a ship under the absolute control of responsible persons, such as captain, etc., due to various circumstances, such as narrowness, closure, blocking with the outside world, occurrence of various risks of unpredicted refusal, and labor, etc. which are demanded high intensity. Therefore, as long as crew members in the area of life on-board are directly and indirectly affected by the situation of the captain, etc. formed and maintained by responsible persons, the person in charge of captain, etc. is obligated to appropriately form and maintain the situation of the funeral so that crew members can adapt to the situation of the funeral, even if the situation of the funeral was neglected, even if the above duty was considerably inappropriate, and even if the funeral condition was within the scope that can be anticipated for the above damage due to the formation and maintenance of the situation on-board life, if there was no harmful act with the aim of the relevant crew, the above damage is liable as a tort.

[2] The case holding that in case where a primary seafarer died of the sea while wearing only life on the new wall that was formed and maintained remarkably inappropriate by social norms, the above act of escape at sea can not be acknowledged as a proximate causal relationship between the tort that the captain, etc. failed to properly form and maintain the situation on the ship and the above death on the ground that the above act of escape at sea was an exceptional situation that could not be predicted even in the above life on the ship, but the deceased is obligated to pay consolation money for the defendant's attempt to escape at sea due to the above illegal act such as the captain, etc.

[1] Article 750 of the Civil Act / [2] Articles 393, 750, and 763 of the Civil Act

Supreme Court Decision 96Da53086 Decided April 25, 1997 (Gong1997Sang, 1583) Supreme Court Decision 97Da12082 Decided February 23, 1999 (Gong1999Sang, 538) Supreme Court Decision 99Da6015 Decided March 10, 200 (Gong200Sang, 936)

Plaintiff 1 and three others (Attorney Full Training, Counsel for the plaintiff-appellant)

Defendant 1 and three others (Law Firm Cheonghae, Attorneys Kim Chang-soo et al., Counsel for the defendant-appellant)

July 6, 1999

1. The Defendants shall pay to each of the Plaintiffs 1 and 2 an amount of KRW 4,00,000, KRW 1,000,000 per annum from March 21, 199 to July 20, 199, and an amount of KRW 25% per annum from the following day to the full payment date.

2. The plaintiffs' remaining claims against the defendants are all dismissed.

3. Of the costs of lawsuit, 90% is assessed against the plaintiffs, and 10% is assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants pay to each of the Plaintiffs 1 the amount of KRW 147,218,361 and KRW 147,218,361, KRW 361, and KRW 2,00,00 for each of them to Plaintiffs 3 and 4, as well as the amount of KRW 5% per annum from the day following the last delivery of a copy of the complaint of this case to the day of the rendering of the judgment, and the amount of KRW 25% per annum from the following day to the day of the full payment.

1. Basic facts

A. The plaintiffs are parents and siblings of the deceased non-party (the deceased non-party on December 30, 1972) who was missing and died due to the following reasons. Meanwhile, the defendant 1 is the owner of each ship of the above two vessels, who operates a large-scale low-water fishing with the trade name of Bosan by using the above two vessels, the captain of the above No. 37 (name omitted), the defendant 2, the captain of the above No. 37 (name omitted), the defendant 3, the captain of the above No. 38 (name omitted), the defendant 4, the head of the above No. 38 (name omitted), and the head of the defendant 38 (name omitted).

B. On December 8, 1998, the deceased non-party entered the seafarer labor contract, which was to embark on the above (name omitted) ship through a seafarer's clinic without permission, to which the crew member had no experience in living. On December 10, 1998, the deceased non-party entered the above (name omitted) ship at the above (name omitted) ship's port between Busan and its port of port of port of port of port of Busan, and went into operation on the Dong branch or the sea, and the above (name omitted) ship went into operation on December 20, 1998, and returned at the sea of Jeju-do, Jeju-do, 50-600m from Jeju-do, a carrier ship with no experience in seafarer life, and decided to go into the sea to go missing at the time of their escape from the sea to December 21, 1998, and did not fall into the remaining sea area with the intention to escape from the sea at the time of the escape.

[Evidence] Gap 1-2, Gap 14-9, 10, Eul 4-7, the whole purport of oral argument

2. The parties' assertion and judgment

A. The assertion

(1) The plaintiffs asserted that, without receiving any prior education through an unauthorized establishment, the deceased non-party was unable to do so for more than 4-5 hours a day when he was on board the above (name omitted) ship and lives on the ship, and that he was unable to do so for more than 4-5 hours a day when he was on board the ship, and that he was on board the high weather transport work, and that there was very poor working conditions and residential environment such as inside the freezing room of 40 degrees above (name omitted), and that the defendant 2, 3, and 4, who was responsible for the above (name omitted) ship, was on board the above (the deceased) ship, despite their duty to guide and consider the deceased so that they can adapt to the above harsh environment as seen above, the above plaintiffs were unable to escape from the deceased's daily accident due to violent abuse, such as plucking and breaking the deceased's death, and thus, they did not have an obligation to escape from the deceased's daily accident.

(2) As to this, the Defendants did not engage in any kind of and intangible harmful act against the deceased, and the above accident took place by the deceased who did not adapt themselves to his life on his ship to escape, and thus, went missing and died by sea on the new wall. In addition, the Defendants asserted that there was no liability for tort against the missing and death of the deceased.

(b) Fact of recognition;

(1) Defendant 3 and 2 provided seafarers with confidential seafarer's stations (trade name omitted), which are scattered in the area of Pyeongtaek-dong, etc. in Busan Metropolitan City, and provided seafarers with the introduction fee, and provided them with KRW 25-3 million per capita's pay from each seafarer's wages. At the time of recruiting seafarers, they advertised only that systematic education, such as safety education for seafarers at the beginning, safety education for seafarers, guidance on seafarer's difficulties, etc., can only lead to high income on board the rest of the ship, which is rapidly urgent to secure seafarers, without going through external education.

(2) Eight crew members, including the deceased Nonparty, Maho-ho, and abnormal sap, were employed by Defendant 1 through Defendant 2, following the above process, and around 10:30 on December 8, 1998, the deceased Nonparty, Maho-ho-ho et al. were on board each of the above 38 (name omitted), and the above abnormal Maho-ho et al. were on board the said 37 (name omitted).

(3) Of the above vessels, Nos. 37 (O. 37 omitted) is the main vessel. Nos. 38 (O. 38) is two string vessels with one string vessel and two string vessels, and captures one string vessel at an early stage, high light fishing, etc., using a low-string mode. Defendant 2 is the captain of the vessel under No. 37 (O. 37), who is the main vessel, has the authority to direct and supervise two vessels in relation to fishing, such as making a decision on departure and entry into a port, selecting a place of operation, etc., and directly setting up subparagraph 37 (O. 1 omitted) and deciding on whether to get on and off the crew of the said vessel, and Defendant 3 is in the position to direct and supervise the crew on board the vessel as captain of the said vessel under No. 38 (O. 1 omitted).

(4) The deceased non-party on board set forth in subparagraph 38 (name omitted), engaged in the 3-4-four-time operating of fishing nets, the screening of caught fishery products, and the transport of boxes to freezing rooms, etc. In the absence of such decks, he/she continued to work for a period of 4-5 hours per day, such as a worker on duty in the engine room, and continued to work for the remaining hours, even though he/she was frighted, he/she did not receive appropriate rest and treatment.

(5) On the other hand, Defendant 4 and Defendant 2, who was working for verbal abuse and violence from time to time on the ground that he was fluorized and fluored in his duties, had been sentenced to a suspended sentence of 1 year on April 7, 199 on December 14:0, 198 by Defendant 2, who was the fourth offender, on the ground that he was on board the ship at the 20-day Southern-gun, Newannam-gun, Jinsando and was 18 months on the ground that he was fluorized and did not drink and work for the non-party 1, who was 18 months on the 20-day southnam-gun, and had been sentenced to a summary order of 9:10 on December 21, 199 on the ground that he was fluored by the Busan District Court on April 7, 199, and was sentenced to a fine of 19:25 on December 25, 199.

(6) Under the above circumstances, the deceased Non-party and Yoon Dong sought to leave due to the lack of water surface repeated and accumulated in points, overro, poor labor conditions and residential environment, and tensions, the captain of the vessel, around December 15, 1998. However, even though he had sought to leave the vessel, he was the captain of the vessel, he requested to leave the vessel, and he did not cause his demand to leave the vessel, while he did not leave the vessel.

(7) On December 21, 1998, at the port near the Jeju Island of the new wall, the company had been engaged in the re-operation of the catch from Nos. 37 and 38 (name omitted) to No. 52 (name omitted). The above abnormal company company on board Nos. 52 (name omitted) on board the deceased Nonparty, the leapdong, and Nos. 37 (name omitted) completed the re-operation of the company, and each of the above vessels passed a resolution to return back to the country by communicating with each other when each of the above vessels escaped from the old name to the sea when they escaped from the sea.

(8) According to the above resolution, around 04:00 on December 21, 1998, the deceased non-party was concealed in the line toilet No. 38 (name omitted), but he was unable to look at the crew members of the above lewho Lake, and the above non-party 2 and the non-party 2 were concealed in the line toilet No. 52 (name omitted) scheduled to return to the land after the completion of the catch transfer to escape to a different route from the above non-party 2 and the non-party 2, who were concealed in the line toilet No. 52 (name omitted). Since long thereafter, the above (name omitted) was searched by the deceased, but it was not confirmed that he was alive until now.

[Evidence] Gap 3, Eul 6, Gap 7-1, Eul 7-2, Gap 8, 13-3 through 5, Gap 14-1 through 29, Eul 1-1 through 32, Eul 1, Eul 2, Eul 3-1 to 3, Eul 4-1 to 17, and the whole purport of the pleading

C. Determination

(1) In general, on-board life is the so-called week 1) Chapter field, which is placed under the absolute control of the responsible person, such as the captain, due to various circumstances, such as the narrowness, closure, blocking with the outside world, the occurrence of various risks of no prediction, and labors that are required to be cut off and strengthd in the space.

Therefore, since seafarers included in the field of on-board life are directly and indirectly affected by the situation of the funeral formed and maintained by responsible persons, such as the captain, etc., the person responsible for the captain, etc. is obligated to appropriately form and maintain the funeral situation so that seafarers can adapt to the situation of the funeral. Nevertheless, even if the funeral situation was neglected due to the negligence of the above duty, if the seafarers suffered damages due to the formation and maintenance of considerably inappropriate formation and maintenance of the funeral situation in light of the characteristics of the life on-board life, and if the above damages were within the scope ordinarily foreseeable, even if there was no harmful act with the goal

(2) Accordingly, according to the above 2-B, Defendant 2, 3, and 4, who is the responsible person of the above 2-B, had been forced to work for high robbery without simple considering the detailed physical and mental conditions of the crew, without any apparent reason, while frequently using verbal abuse and violence, and making efforts to improve the harsh working conditions and residential environment for the remaining seafarers who come up only on fishing grounds. Furthermore, even if considering the unique nature of the life of the above 2-B, Defendant 1, as an illegal act, is deemed to have been formed and maintained considerably inappropriate under social norms in view of the aforementioned circumstances, and as long as the deceased attempted to escape at sea and died, Defendant 1 is liable to compensate the deceased and the plaintiffs who suffered damage to his family relation as the above Defendants.

(3) Furthermore, regarding the scope of damages for which the Defendants are liable to compensate, the act of wearing only the name of the Defendant on the new wall that was carried out by the sea with a view to getting out of the life on the ship that was improperly formed, maintained, and maintained is a fluent example, and cannot be predicted even in the life on the ship as above. Thus, in this case where the Defendants cannot find out the circumstances that the Defendants knew or could have known that the above act was done on the ship as above, the Defendants did not have the duty to compensate for the loss because there was no proximate causal relation with the above tort committed by the Defendants.

(4) However, if the deceased non-party 2), he had the mind to attempt escape at the sea by the above unlawful act as seen by the Defendants, it can be ordinarily predicted, and as a result, the deceased non-party and the plaintiffs suffered a lot of mental pain. Therefore, the Defendants are obligated to pay compensation in money. Furthermore, considering all the circumstances, such as the age, family relation, occupation, circumstances of this case, and the result of the deceased non-party's death, the amount of consolation money shall be determined as KRW 4 million in total, KRW 1 million in total, KRW 2 million in total, KRW 3 and KRW 4 million in total, KRW 4 million in total, KRW 1/2 in accordance with the deceased non-party's shares in inheritance, and KRW 4 million in consolation money of the deceased non-party was inherited to the plaintiff 1 and 2, each parent.

3. Conclusion

Therefore, the defendants are obligated to pay each of plaintiffs 1 and 2 a 4,000,000 won (per share of 2,000,000 won + each of 2,000,000 won for each of the above shares of inheritance) to plaintiffs 3 and 4, respectively, and as requested by the plaintiffs 1,00,000 won (per share of 2,00,000 won for each of the above shares of 3 and 4) on the record that it is the last day following the delivery of the copy of the complaint of this case from March 21, 1999 to July 20, 1999, which is the date of the final delivery of the copy of the complaint of this case, 5% per annum under the Civil Act and 25% per annum under the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day to the full payment date. The plaintiffs' claims against the defendants of this case against the defendants are justified within the scope of the above recognition, and all of the remaining claims are dismissed as per Disposition.

Judges Lee Jae-soo (Presiding Judge)

Note 1) 1) In the concept of development and formed in modern physical science, it is not to analyze and examine what specific and tangible force is, but to set abstractly the scope of influence, for example, the gravity of gravity, electronic book, etc., and to analyze and examine what kind of attitude the objects under these influence can be seen.

Note 2) 2) Moving an act to the outside is the next step, and the assessment of causation may vary depending on the circumstances at the time of the act.