beta
Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
A person who operates D, the Defendant, around November 2, 2012, entered into a sales contract with F, the former owner of “E” vessel, and received the ownership of the said vessel on or around the 12th day of the same month.
After that, on November 2012, 2012, the Defendant met G and H who was on board as a seafarer of the above vessel and served as a crew member of the above vessel, and said G and H did not notify the above G and H of his intent to cancel the seafarer labor contract in writing with a prior notice period of at least 72 hours. As such, a new seafarer labor contract was concluded between the Defendant, G and H under the same conditions as the previous seafarer labor contract.
1. Where a shipowner who has not received advance notice of termination intends to cancel a seafarer labor contract, he/she shall notify the seafarer thereof in writing with a period of at least 30 days prior notice, and where he/she has not notified the seafarer thereof, he/she
The Defendant unilaterally terminated the seafarer labor contract with the above G and H around November 20, 2012 and did not notify G of such fact in writing with a prior notice period of at least 30 days, and did not pay KRW 3,538,000, which is a 30-day ordinary wage, to H, and did not pay KRW 3,33,000, which is a 30-day ordinary wage.
2. Where a shipowner who fails to pay unemployment allowances has terminated a seafarer labor contract in the absence of a cause attributable to a seafarer, the amount equivalent to the portion of ordinary wages for two months shall be paid as unemployment allowances in addition to the retirement allowances;
Although the Defendant unilaterally terminated the seafarer labor contract with the above G and H around November 20, 2012, the Defendant did not pay G KRW 7,076,000, an unemployment allowance amounting to two months of ordinary wage, and did not pay H KRW 6,66,00,00, an unemployment allowance amounting to two months of ordinary wage.
3. Payment of paid leave shall be unpaid;