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(영문) 부산지방법원 2016.06.24 2015가단56839
유족보상금 및 장제비등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the spouse of the deceased C (hereinafter “the deceased”). On June 24, 2014, the Defendant concluded a seafarer labor contract between the deceased and the deceased to employ the deceased as the captain of D from June 25, 2014 to June 25, 2014 (the gross tonnage of 30 tons, the navigation area of which is the navigation area; hereinafter “the instant vessel”).

B. From May 16, 2014 to July 26, 2014, the instant vessel was leased at the construction site of Daeyang Industry Construction Co., Ltd., and the Deceased was on board as the captain of the instant vessel from June 25, 2014, and the Deceased left the instant vessel on August 2014 by causing a problem of drinking.

C. Thereafter, from August 27, 2014 to October 12, 2014, the instant vessel was again leased to E’s F dredging construction site (hereinafter “instant construction site”). From August 25, 2014, the Defendant, who was on board the Deceased again from August 25, 2014, was on board the instant vessel as the captain of the instant vessel, but the Deceased was not on October 1, 2014, and the Deceased did not perform the work of drinking alcohol, and E demanded the Defendant to deduct the instant vessel from the instant construction site.

Accordingly, on October 2, 2014, the Defendant employed G as a successor master of the deceased on his post-on the day of October 2, 2014, and requested that the deceased be able to operate on the instant ship at the Incheon Coastal shore, along with G, at the time of October 5, 2014, and the deceased be able to reduce their daily allowances to the deceased, but the deceased is able to retire.

E. Accordingly, around October 5, 2014, the Deceased and G took over the shipmaster’s duties between the deceased and G. Moreover, G and the head of a new agency operated the instant vessel from the Incheon Coastal Sea on October 6, 2014 to the instant construction site at around 15:30, around October 6, 2014.

F. Around October 5, 2014, the Deceased completed G department and asked G to send his own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own her own at Incheon, and the deceased remains in Incheon as of the day immediately before October 2014

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