Attached Form

In relation to the disease stated in the list 1, the defendant's obligation to pay accident compensation under the Seafarers' Act against the plaintiff.

1. Basic facts

A. The Plaintiff is a company established around July 2002 in order to run a maritime cargo transport business, etc., and the Defendant was employed by the Plaintiff from October 7, 2017 to work as a kitchen in C, which is a general cargo ship of 498 tons operated by the Plaintiff (hereinafter “instant vessel”).

B. On April 17, 2019, the Defendant was diagnosed as a guardian disability (hereinafter referred to as “instant guardian disability”) who was enrolled in Jeju University Hospital, and was hospitalized on June 17, 2019 with respect to a guardian disability in the department within the D Hospital, and was diagnosed as having received a detailed cerebrovascular examination (hereinafter referred to as “the instant cerebrscular examination”).

(hereinafter referred to as “each of the instant diseases” in total, with disability to care and cerebral color generated to the Plaintiff.

Details of the relevant statutes shall be as shown in attached Form 2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 3 and 4 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Since each of the instant diseases cannot be deemed as accompanied by or inherent in the Defendant’s duties in light of the Defendant’s duty or time of service, it does not constitute an occupational accident under the Seafarers’ Act. Therefore, the Plaintiff’s accident compensation liability against the Defendant under the Seafarers’ Act does not exist, and there is a benefit of confirmation as the Defendant contests this.

B. Each of the instant diseases alleged by the Defendant constitutes occupational accidents under the Seafarers Act, which occur due to exposure to dust, various harmful gases, stress, etc. while serving as a kitchen aboard a narrow vessel of this case.

3. Determination

A. The Seafarers Act 1 provides that where a seafarer is injured or affected by a disease in the course of performing his duties, the captain of the ship shall compensate the seafarer for medical care under the Act.