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(영문) 울산지방법원 2018.10.18 2017나24205
선원재해보상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 17, 201, the Plaintiff entered into a labor contract between the Defendant and the term of the contract from October 19, 201 to October 18, 2012 (eight months based on the date on which the Plaintiff was on board the instant vessel) to the “C (hereinafter “C”) to be on board the instant vessel as the second class mate,” and was on board the instant vessel for about seven months from October 19, 201 to May 18, 2012.

B. Around 22:00 on May 18, 2012, the Plaintiff landed at the Ulsan Port and returned home. At around 09:00 on the following day, there was a symptoms that the bridge distance was followed and the horse is divided into two, and immediately transferred to the hospital, and the hospital was diagnosed as “the cerebrovasive malutism for the left part” at the D Hospital on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that he was aboard the ship of this case, and the plaintiff got to a chronic course by performing navigational watch of 12:00 to 16:00 and 24:00 to 04:00 each day after he was on board the ship of this case. In addition, the oil vapor discharged from the ship's brick from the ship was inhaled from time to time, and performed a large number of incidental work to manage and check old-age ships in an inferior working environment, and the disease of this case occurred.

Therefore, the Plaintiff constitutes “in the event of occupational injury or disease” under Article 94(1) of the Seafarers’ Act, and the Defendant is obligated to pay to the Plaintiff KRW 9,657,550,550, which is the sum of KRW 113,611,760, which is the sum of KRW 5,329,310, the injury and disease compensation expenses of KRW 69,390,390, and the compensation expenses of KRW 44,550,00, and the compensation expenses of KRW 113,269,310, which is the sum of KRW 13,61,760, which was already paid by the Defendant for hospital expenses, etc

B. Article 94(1) of the Seafarers Act provides that when a shipowner is injured or affected by an occupational injury or disease of a seafarer, a shipowner shall be liable to compensate for such injury or disease until the injury or disease is cured.

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