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(영문) 부산지방법원 2019.04.26 2018가단14881
시간외수당 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 1, 2014, the Plaintiff asserted that he/she joined the Defendant Company and worked as the captain on board “C”, which is a passenger ship owned by the Defendant (hereinafter “instant vessel”) from “C”, which is a passenger ship owned by the Defendant, and retired on March 31, 2018.

However, the Defendant did not pay to the Plaintiff KRW 71,819,952 in total of KRW 43,05,776 in overtime allowances, KRW 23,419,48 in holiday allowances, and KRW 5,344,68 in annual paid leave allowances.

Therefore, the plaintiff claims the defendant to pay the above amount of money and damages for delay.

2. One-time shop: Article 3(1) of the Seafarers Act provides, “Except as otherwise provided in special provisions, this Act shall apply to seafarers working on board ships of the Republic of Korea under the Ship Act (including fishing vessels under the Fishing Vessels Act), foreign ships chartered on condition that they acquire Korean registry, and foreign ships sailing between domestic ports and the owners of such ships, and to seafarers working on board such ships.” Article 5(1) provides, “Articles 2(1)1 through 3, 3 through 6, 8 through 10, 36, 40, 68, 74, 107 (limited to cases where Articles 8 and 9 or 40 are violated), 109 (limited to cases where Article 36 is violated), 110 (limited to cases where Articles 10 and 74 are violated), 114 and 114 of the Seafarers Act shall apply to the seafarers’ labor relations of seafarers; the concept of wages and the provision of the Seafarers’ Act shall apply to each of the aforementioned ships.”

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