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(영문) 부산지방법원 2012.12.12 2012고정1693
선원법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of D in Busan Northern District C building 905.

1. Where a seafarer is injured or affected by a disease on duty, a shipowner shall provide medical treatment at his/her own expense or pay expenses necessary for medical treatment to a seafarer under medical treatment until his/her injury or disease is cured, and make injury and disease compensation in the amount equivalent to ordinary wages once a month to the seafarer under medical treatment until his/her injury or disease is cured;

Nevertheless, the Defendant did not pay KRW 5,435,00 in total, including KRW 2,315,00, KRW 3,120,000, and KRW 5,435,00 in compensation for medical care and injury-disease compensation, from November 9, 201 to January 26, 2012, while the F, which was on board as the deck of D’s tugboat “E” owned by D Co., Ltd. from August 29, 201 to November 9, 201, had an acute emerculation during work and had an operation and medical care.

2. A shipowner shall not cancel a seafarer labor contract during the period during which a seafarer was not engaged in his/her duties for the medical treatment of an occupational injury or disease, and for 30 days thereafter;

Nevertheless, around November 21, 2011, the Defendant terminated the seafarer labor contract with respect to the above F, which caused an occupational disease, such as the preceding paragraph, at the D Office of the above Co., Ltd., and around November 9, 2011.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol of examination of part of the defendant by prosecution;

1. A copy of the first written statement of employment provided by the police with respect to F, a copy of the statement of employment provided by ten months, a copy of the opinion, a copy of the guidance on changes in eligibility of locally insured persons, or a copy of the notice of loss of insured status;

1. A copy of the opinion attached to the second police statement with respect to F; a copy of the medical expenses receipt; medical expenses receipt; a copy of the medicine expenses receipt; and a copy of the annual salary employment contract;

1. A copy of the certificate of ship's nationality attached to the first police interrogation protocol against the defendant.

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