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(영문) 부산지방법원 2016.05.17 2014가단66709
임금
Text

1. The Defendant: (a) KRW 12,133,33 to Plaintiff A; (b) KRW 1,600,000 to Plaintiff B; and (c) as to each said money, from August 29, 2014 to August 2016.

Reasons

1. Facts of recognition;

A. From February 16, 2011, Plaintiff A and Plaintiff B entered into a seafarer labor contract with the Defendant (the Defendant’s mother-child, the actual owner of the ship, appears to have entered into a seafarer labor contract on his behalf) from June 27, 2011 to January 13, 2012, and around that time, on board the ship owned by the Defendant E (hereinafter “instant vessel”) and engaged in offshore fireworks landing.

B. Crew labor relations 1) between the Plaintiffs and the Defendant refers to the seafarer’s wage system under Article 2 subparag. 15 of the Seafarers’ Act, which represents the owner of inshore fishing, including the Defendant, and the Gyeongnam Marine Industry Trade Union representing the seafarers including the Plaintiffs, with respect to inshore fishing, refers to the method in which the owner of the ship distributes to the seafarers the remainder of the amount calculated by deducting the common expenses necessary for the operation, operation, etc. occurred during the operating period from the total amount of fishing during the operating period from the total amount of fishing during the operating period, in advance, from the shipowner and the seafarers at a certain ratio set in the labor-management agreement, the labor-management agreement, the employment rules, or the seafarer labor contract, etc., and thereafter dividing the amount to be apportioned to the seafarers by the ratio of gire, which is the share of each position

[2] A collective agreement under which wages shall be paid (hereinafter “instant collective agreement”)

(2) The main contents of the instant collective agreement are as follows: (a) the Masan Regional Maritime Port Office, the Ministry of Oceans and Fisheries affiliated with the Ministry of Oceans and Fisheries, reported the instant collective agreement to the Masan Regional Maritime Port Office.

A: The minimum monthly fixed wage under Article 52 of the Seafarers’ Act shall be as follows: The minimum monthly fixed wage under Article 31 (Minimum Monthly Wage) of the Gyeongnam Marine Industry Trade Union Act:

1) The captain: 2,500,000 Won 2) the captain: 2,00,000 general seafarers: 1,50,000 won (The ratio wage A shall be the amount calculated by deducting common expenses from the sales proceeds of fish.

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