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(영문) 부산지방법원 2015.08.25 2014고단8715
선원법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a shipowner who operates D with the trade name of C Co., Ltd.

A shipowner shall pay wages by fixing the fixed date once a month, and where a seafarer who has been employed for at least one year retires, a shipowner shall prepare a system that pays an amount equivalent to average boarding wages for 30 days per year of the continuous service as a retirement allowance; where a seafarer has not used all or part of paid leave, a shipowner shall pay an amount equivalent to ordinary wages for the number of days of paid leave not used separately in addition to wages

The defendant goes aboard D as one of paragraph (1) from November 28, 2012 to January 17, 2014 and provides labor.

Although landed, 2,00,000 won for December 2013, and 2,040,000 won for January 2014, and 3,948,657 won for retirement allowance during the boarding period and 9,658,50 won for paid leave.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. A certificate of work experience on board;

1. Application of Acts and subordinate statutes on the settlement of annual leave/retirement allowances;

1. Article 168 (1) 1, Article 52 (2), Article 170 subparagraphs 3 and 6, Article 55 (1), and Article 73 (2) of the Seafarers Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Punishment to suspend a sentence under Article 59 (1) of the Criminal Act (i.e., payment of insurance proceeds from the Shipowners Association or payment of all the money and other valuables in arrears by means of receiving dividends in the ship auction proceedings): One million won;

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