logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.05.12 2014노2786
선원법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the Defendant received money from foreign seafarers from the foreign seafarers at a cost for the management of the foreign seafarers that occurred during the period of up to one year and ten months as the period of stay for a maximum of one year and ten months. Thus, it does not constitute “money and valuables received with respect to recruitment or employment of seafarers” under Articles 137-3 subparag. 5 and 102 of the former Seafarers’ Act (wholly amended by Act No. 11024, Feb. 5, 2012) and Articles 168(1)5 and 111 of the Seafarers’ Act (wholly amended by Act No. 11024, Feb. 5, 2012).

2. Determination

A. The defendant argued the same purport at the court below, and the court below held that the management expenses shall be collected from the shipping company or the employer of the foreign seafarer, even if based on the guidelines for the operation of the crew of the National Federation of Fisheries Cooperatives, the management expenses shall be collected from the shipping company or the employer of the foreign seafarer, and in light of the legislative intent of Article 111 (Article 102 of the former Seafarers' Act) of the Seafarers' Act (Article 102 of the former Seafarers' Act) which intends to promote the employment security of the crew by excluding the interim exploitation, the problem of the additional settlement of management expenses incurred due to the extension of the foreign seafarer's stay in the National Federation or the foreign seafarer shipping company shall be resolved by concluding an agreement separately with the National Federation of Fisheries Cooperatives or the foreign seafarer shipping company. It goes against the legislative purpose of the above Seafarers' Act to collect the amount as management expenses from the foreign seafarer at the time of the extension of the contract. Thus, it is reasonable to view that the defendant'

B. The above circumstances revealed by the lower court, and can be recognized by the evidence duly adopted and examined by the lower court.

arrow