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(영문) 부산지방법원 2014.05.16 2012가합17069
임금등
Text

1. The defendant shall pay to the plaintiff A for KRW 69,28,986, KRW 21,262,764, and KRW 15,648,280 and each of them.

Reasons

1. Basic facts

A. The Defendant related to the parties is the owner of E listed in attached Form 1 (hereinafter “instant vessel”), who is engaged in inshore fishing, and the Plaintiffs are seafarers who entered into a seafarer labor contract with the Defendant and carried out offshore fireworks landing operations on board the instant vessel.

B. Seafarer labor relations 1) The Labor Relations Commission representing the seafarers including the Plaintiffs and the Defendant with respect to inshore pain fisheries shall refer to the amount of wages paid to seafarers by the owner of a fishing vessel, which is the amount calculated by deducting the common expenses prescribed by the Presidential Decree from the fishing amount, under a collective agreement, employment rules or seafarer labor contract, as the wages paid to seafarers by the owner of a fishing vessel.

"Joint expenses prescribed by Presidential Decree" in Article 3-5 (Joint Expenses) of the Enforcement Decree of the Seafarers Act means the direct expenses incurred from the first fishing to the completion of operation.

As set forth in the above, the seafarers’ wage system refers to the method in which the remainder of the total amount of fishing during the operating period minus common expenses necessary for the operation, operation, etc. that occurred during the operating period is first distributed among the shipowner and seafarers at a certain ratio set in advance in the labor-management agreement, the employment rules, or the seafarer labor contract, etc., and then the seafarers are divided by the ratio of genome, which is the share of distribution according to their respective positions (hereinafter referred to as “compete ratio”), and refers to “compete”

[2] A collective agreement under which wages shall be paid (hereinafter referred to as “instant agreement”).

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