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1. On October 2, 2014, the Defendant’s disposition of partial payment of disability benefits and sickness benefits against the Plaintiff is revoked.
2...
Reasons
1. Details of the disposition;
A. The Plaintiff is an institution that is entrusted with the authority of the Minister of Oceans and Fisheries to determine and pay insurance benefits pursuant to Article 9(3) of the Act on Accident Compensation Insurance for Fishing Vessels and Fishing Vessel Crews (hereinafter “Disaster Insurance for Fishing Vessels”).
B. On August 20, 2013, the Plaintiff received injury and disease benefit and insurance benefit falling under class 4-5 of the disability grade 4 from August 20, 2013 to April 30, 2014, by suffering from an accident, such as “feasible cut between feman and kneeee in an accident.”
C. According to the “collective agreement on foreign seafarers of a fishing vessel concluded between the Defendant and the Federation of the Korea Marine Industry Trade Union (amended by April 1, 2013; hereinafter “instant collective agreement”), the instant collective agreement is the only collective agreement with respect to foreign seafarers on board a fishing vessel with at least 20 tons of root year (Article 1(1)), and the employer shall not set the standards of the instant collective agreement in entering into an employment contract with foreign seafarers. The subordinate collective agreement is governed by the instant collective agreement (Article 2(2)), and the ordinary wage of foreign seafarers is set at KRW 1,100,000 (attached Table 3).
Based on the actual wage of KRW 1,200,00 that the Plaintiff received, the Defendant paid injury and disease benefit and disability benefit to the Plaintiff pursuant to Article 24 and Article 25 of the Seafarers Disaster Insurance Act. However, the Plaintiff is not a wage of KRW 1,200,000, but a wage of KRW 1,200,000 that the Plaintiff actually received, and the Minister of Oceans and Fisheries announced the Minimum Wage of Seafarers in 2014 and hereinafter referred to as “the Minimum Wage of Seafarers in 2014.”
In accordance with this, it is argued that injury and disease benefit and disability benefit should be paid additionally by applying the ordinary wage of KRW 1,731,00, average boarding wage of KRW 3,029,00 applied when compensating for accident of fishing vessel crew members.