(영문) 부산지방법원 2016.06.24 2015나14898

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Reasons

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굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.06.24 2015나14898

임금등

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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements in Gap evidence 1, 2, 3-1, 2, 4-2, 6, 9-13.

The defendant operates a maritime cargo transport company with the trade name of C.

B. The Plaintiff was employed by the Defendant on July 17, 2014, and served as the Defendant’s mate affiliated with D (ship, petroleum product transport ship, gross tonnage: 798 tons; hereinafter “instant ship”) by February 8, 2015.

C. On February 8, 2015, the Plaintiff left the instant vessel according to the Defendant’s instruction, and thereby, the Plaintiff and the Defendant terminated the seafarer labor contract.

The Defendant did not pay the Plaintiff KRW 2,200,000 as monthly wage, KRW 2,828,560 as monthly wage, KRW 628,560 as monthly wage, and KRW 2,828,560 as monthly wage, KRW 171,40 as monthly allowance for February 2015, and KRW 1,266,660 as of July 17, 2014 to February 8, 2015.

E. According to the seafarer labor contract between the Plaintiff and the Defendant, the ordinary wage of 30 days is KRW 1,620,000.

2. According to the facts found in the lower judgment regarding the claim for wages, retirement allowances, and allowances for February 2015, the Defendant is obligated to pay to the Plaintiff KRW 1,26,60,00 corresponding to the period of service from July 17, 2014 to February 8, 2015.

3. Determination on the claim for unemployment allowance and pre-announcement of termination allowance

A. (1) The plaintiff asserts that (1) since the defendant terminated the seafarer labor contract between the plaintiff and the plaintiff without any reason attributable to the plaintiff, the defendant is liable to pay the unemployment allowance under Article 37 of the Seafarers' Act, and (2) since the defendant did not notify the plaintiff of the termination of the seafarer labor contract at least 30 days in writing, the defendant is liable to pay the termination advance payment under the main sentence of Article 33(1) of the Seafarers

(2) against this.

참조조문

-선원법 제33조 제1항

-선원법 제37조

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