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(영문) 부산지방법원 2020.11.12 2019가합51839
채무부존재확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the Defendant’s employer who is the owner of C (hereinafter “instant vessel”), and the Defendant was on board the instant vessel as a seafarer.

B. On April 2, 2007, the Defendant complained of the instant accident, etc. (hereinafter “instant accident”) on the neck, shoulder, arms, arms, and the left side of the instant vessel on April 2, 2007.

(3) On July 2007, the examination of the escape certificate of a light signboard (hereinafter “instant injury”) shall be conducted by leaving the border signboard around July 2007.

(2) Upon receiving the diagnosis of the escape certificate of a light signboard, the Defendant conducted the light disc drive on December 29, 2008, and thereafter received spine surgery, and received preservation treatment by the date of completion of pleadings in the instant case.

C. The Plaintiff paid KRW 534,263,562 to the Defendant the sum of the medical care compensation and injury-disease compensation from August 22, 2009 to October 7, 2019.

The provisions related to accident compensation under the Seafarers' Act (amended by Act No. 8041 of Apr. 5, 2007; hereinafter "former Seafarers' Act") related to the case of this case are as follows.

Article 85 (Compensation for Medical Care) (1) Where a seafarer is injured or affected by a disease on duty, a shipowner shall provide him/her with medical care at his/her expense or reimburse expenses incurred in medical care until his/her injury or disease is cured.

(1) A shipowner shall make injury and disease compensation in the amount equivalent to ordinary wages once a month to seafarers under medical treatment under Article 85 (1) until they recover from injury or disease within the limit of four months, and where they are not recovered after four months, injury and disease compensation in the amount equivalent to 70 percent of ordinary wages shall be provided once a month until the recovery is made.

Article 88 (Compensation for Disability) A seafarer shall have a physical disability even after his/her occupational injury or disease is cured.

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