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(영문) 부산지방법원 2017.04.06 2016나45400
체당금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff is a company that performs the business of soliciting and managing the South Asian crew members who are to board a ship from domestic shipping companies, and the Defendant is a company that conducts marine transportation brokerage, marine cargo transportation, etc.

B. On September 21, 201, the Plaintiff entered into a seafarer management agreement with the Defendant to perform duties on behalf of the Defendant for the employment of Myanmar and Indonesia seafarers (hereinafter “instant management agreement”), and agreed on the employment rules of seafarers applicable to the said seafarers (hereinafter “instant employment rules”).

The main contents are as follows:

Union and Indonesia Seafarers Management Contracts

6. Agency expenses and communication expenses to be borne by the Defendant under this Agreement by the Plaintiff [The Myanmar seafarer is exempt from USD 70 per capita per month (hereinafter “U.S. dollars”).

(ii) monthly settlement of the cost of seafarer selection ($ 120 per person per Indones seafarer) and all other expenses on board ($ 60 per person only at the time of boarding, USD 100 for Indonesian seafarer and USD 100 for Indones seafarer) and claim in writing to the defendant, accompanied by documentary evidence, by the end of the month of occurrence or final determination.

7. The defendant paid the expenses claimed by the plaintiff pursuant to paragraph 6 to the bank account designated by the defendant not later than the 15th of the following month, and paid the seafarer's benefits to the plaintiff and paid directly to the plaintiff at the highest port where the plaintiff enters the port where the mother ship enters.

11.This Agreement shall remain in force for a period of one year from the date of signature and shall be deemed to have been automatically extended unless the cancellation notice by signature is given.

(Ban omitted). The Union of Myanmar and Indonesia Rules for Employment of Seafarers

3. The employment period of a seafarer in the employment period shall be ten months from the date of departure of a seafarer to board a ship;

The defendant shall be subject to the same employment conditions by giving prior notice 30 days prior thereto.

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