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(영문) 대법원 2015.10.29 2013두21618
손실보상지급금반환명령취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to Article 8 of the former International Ship Registration Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same) with respect to the grounds of appeal Nos. 1 and 2, where the Minister of Land, Transport and Maritime Affairs deems it necessary for the efficient utilization of international ships and seafarers in preparation for emergencies, he/she may designate an essential international ship (hereinafter referred to as “essential ship”) as the State (Article 1). In such cases, the Minister of Land, Transport and Maritime Affairs may restrict the boarding of foreigners in an essential ship designated as above. In such cases, if any loss is incurred due to the restriction on boarding of a foreign seafarer, the shipowner shall compensate for the loss (Article 4), the standards for restriction on boarding of a foreign seafarer, and the standards and

(7) According to the delegation, Article 6 of the former Enforcement Decree of the International Ship Registration Act (amended by Presidential Decree No. 24443, Mar. 23, 2013; hereinafter the same) provides that the criteria for restricting foreign seafarers to board an essential ship shall not exceed six seafarers per ship. Article 7 of the same Act provides that “The number of seafarers calculated by subtracting the number of seafarers stipulated in the criteria for restricting foreign seafarers to board a essential ship under Article 6 from the number of seafarers determined within the scope and criteria for restricting boarding a ship under Article 5(2) of the Act shall be the basis for compensation for losses (paragraph (1)).” However, the “the difference between the annual average wages of Korean seafarers boarding an essential ship and the average wages of foreign seafarers boarding an international ship by limitation to boarding a ship of a foreign seafarer shall be the basis for compensation for losses (paragraph (2)). The Minister of Land, Transport and Maritime Affairs shall publicly notify the criteria for compensation for losses by type of occupation, type of ship and route of ship (paragraph (2)).

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