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(영문) 부산지방법원 2015.06.25 2013가단45064
손해배상(기)
Text

1. The Defendant shall pay 1,170,000 won to the Plaintiff and 20% per annum from December 1, 201 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 29, 2011, the Plaintiff concluded a labor contract with the Defendant with the following terms and conditions, and subsequently concluded a labor contract with the period from August 29, 2011 to February 19, 2012.

(hereinafter referred to as “instant employment contract”). The annual salary class contract is a pre-paid contract.

2. Details of the contract;

(a) Name of a vessel on board: C. number: D. total number: 170TON position: deck (subsidies);

(b) Work period from August 29 to August 28, 2012;

(c) Wages and annual salary under employment conditions 1): Total daily, 4,000,000 (Won 14,400,000) basic salary: 350,000 won x 12 months x 3) technical allowances: 300,000 won x 12 months x 4) technical allowances: 100,000 won x overtime allowances for 12 months x 450,000 hours x 12 months;

(d) Ordinary wages and other wages-related 1) Ordinary wages shall be determined by dividing the total annual salary by 12 months. 2) The settlement of retirement allowances shall be paid only to policyholders whose annual salary contract is completed, for one month of ordinary wages through a foreign exchange bank retirement pension accumulation scheme.

(Subscription to a retirement pension shall be made at the expiration of six months from the date of the annual salary contract). Retirement benefits shall be paid at one time on the basis of the date on which the actual retirement is determined only for a person who has worked for more than 12 months (1 year) (in addition to cancellation of subscription to a retirement pension and payment shall be made by an individual’s benefit account).

2) If a seafarer leaves a ship due to unavoidable reasons, a seafarer must obtain the captain’s license.

3) In light of the special nature of a tugboat, overtime allowances shall be paid fixedly on a monthly basis as 90 hours per month. 4) Other working conditions shall be governed by the rules of employment.

3. Other matters.

(a) Matters not provided for in this contract shall be governed by the Seafarers Act;

B. On November 9, 2011, the Plaintiff: (a) left a vessel with a fluorial fluoring fluorial fluorial fluor in the instant vessel; and (b) was diagnosed at the East Asian University Hospital with a acute fluorial fluorial fluorial fluoring.

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