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(영문) 수원지방법원 2019.08.12 2018고정1560
선원법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, who was the owner or captain of FRP 43 tons B (hereinafter “instant vessel”), was the owner or captain of the FRP 43 tons vessel B (hereinafter “instant vessel”). On June 12, 2017, the Defendant entered into a seafarer labor contract with C and was employed as the head of the agency, and dismissed on August 7, 2017.

1. On August 7, 2017, the Defendant who is not paid wages, dismissed C in accordance with Section C of Section B of Section B of Section B of Section B of Section B of Section B of Section B of Section B of Section B of Section B of Section B of the same year from June 12 to June 16, 2017, and the same year.

8. From April 1 to July 7 of the same month, wages of 749,90 won paid to C who worked as the head of the agency in the instant vessel for nine days, x 1/30 x 9 days, and 1/30 x 9 days. Meanwhile, the instant indictment states that the monthly wage of 8 months was unpaid for ten days, counting from August 3, 2017.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, that C/C residing in Busan purchased the Rose of Sharon train ticket at Busan on August 4, 2017, this is apparent that it is an error of calculation due to clerical error, and the Defendant did not dispute the fact that C/C had worked from August 4, 2017 to August 7 of the same month. Thus, it is corrected ex officio without changing the indictment.

Of them, 500,000 won shall be paid, and the remainder of 249,990 won shall not be paid.

2. Where a shipowner who is not obligated to pay ordinary wages in advance of the cancellation of a seafarer labor contract intends to cancel the seafarer labor contract, he/she shall notify the seafarer thereof in writing with a period of not less than 30 days prior to such cancellation, and where he/she fails to notify the

Nevertheless, even if the Defendant dismissed C without a prior notice period of not less than 30 days at the time and place specified in the preceding paragraph, the Defendant did not pay C KRW 2,00,000, which is an ordinary wage of not less than 30 days.

3.The shipowner who has not paid unemployment allowances shall have no reason attributable to the seafarer.

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