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(영문) 대법원 2016.12.29 2013두5821
유족급여등일부부지급처분취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, according to the reasoning of the lower judgment, the lower court applies not only to a domestic seafarer who receives the minimum wage as a production allowance or percentage wage but also a foreign seafarer who receives the wage as a monthly fixed wage, and thus, if there is no special provision in the publication of the minimum wage for the seafarer, the lower court shall apply to not only a domestic seafarer who receives the wage as a production allowance or percentage wage but also a foreign seafarer who receives the wage as a monthly fixed wage. Thus, if there is no special provision in the publication of the minimum wage for the seafarer, it shall be amended by Act No. 10682, May 19, 201; hereinafter referred to as “former Seafarers’ Wage Insurance Act”) under the former Seafarers’ Minimum Wage Notice (Public Notice No. 2009-194, May 19, 201; hereinafter referred to as “former Seafarers’ Wage Insurance Act”).

2) The lower court’s aforementioned determination is justifiable in light of the relevant statutory provisions and legislative intent. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the interpretation and scope of application of Article 2. A.2 of the Minimum Wage Notice.

2. According to the reasoning of the lower judgment as to the ground of appeal No. 2, the lower court, based on its stated reasoning, publicly notified the seafarers’ minimum wage.

1) Paragraph (1) of this Article stipulates the “minimum wage for seafarers” as KRW 1,098,00 per month, and Section 2.a.2 of this Article stipulates the “minimum amount of ordinary wage applied when compensating for losses for seafarers” as KRW 1,343,00 per month, and “average on-board wage applicable when compensating for losses for seafarers” as KRW 2,148,00 per month, and Section 2.b.

3. As regards a foreign seafarer in paragraph 3.

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