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(영문) 부산지방법원 2013.04.12 2012고정4936
선원법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual owner of the tugboat C (15 tons) of the ship at the time of Jinhae Sea.

Where a shipowner has terminated a seafarer labor contract in the absence of a cause attributable to a seafarer, he/she shall pay an amount equivalent to two months of ordinary wages in addition to the retirement allowance.

Nevertheless, the Defendant, at a place where it is difficult to identify a place below Busan on March 12, 2012, employed D as the head of the above C, but did not pay KRW 5.6 million for unemployment allowances, even if the Defendant terminated the employment contract on March 24, 2012, on the ground that the number of days after having been employed D as the head of the above C.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by witnesses D in the third protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to copies of the vessel register and a copy of the agreement;

1. Article 173 (1) 1 and Article 37 of the Seafarers Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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