1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, as the owner of C (hereinafter “instant vessel”) whose 29 tons are 29 tons or more, concluded a network D (hereinafter “the deceased”) and a seafarer labor contract.

B. On November 26, 2016, the captain, along with nine seafarers, including the captain F and the Deceased, etc., of the instant vessel at the sea near G 145 miles (H 390 E) in China (hereinafter “the instant accident point”). On the port side of the instant vessel, the mal wave, which was a bad weather wave, entered the instant vessel on the starboard deck, and the engine was flooded on several occasions on the port side before the water was drained, and the vessel was sunken between around 19:00 and around 19:30 on the same day (hereinafter “the instant accident”).

C. The Deceased, deceased, and deceased E, etc. who were working on the instant vessel at the time due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8 (including additional number; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The instant accident No. 1 occurred on November 26, 2016. From around 17:30 on the same day to around 18:00 on the same day, the high wave, along with a storm, continued to maintain the weather conditions at the level of wind wave.

Although the network E, who is responsible for the operation and management of the ship as the captain of the ship of this case, should have suspended operation in accordance with Article 11 of the Seafarers' Act when the ship was placed in the above weather condition, that is, should have been avoided by the nearest port, etc., the ship instructed seafarers, including the deceased, to continue to perform the operation of the ship without wearing safety equipment such as life jackets.

Furthermore, the network E did not issue an instruction to get out of the deck of the instant vessel when he gets out of the deck, and did not operate the vessel in response to the failure to take out the vessel.