logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.10.10 2018가단70230
채무부존재확인
Text

1. As to the vessels listed in the separate sheet, the term of the employment contract concluded between the Plaintiffs and D on April 7, 2017.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the vessels listed in the separate sheet, and the Plaintiff’s Intervenor is the business entrusted insurer under the Act on Accident Compensation Insurance for Fishing Vessels and Fishing Vessels (hereinafter “Fishing Vessels Act”), and the Defendant is the spouse of the network D.

B. On April 7, 2017, the Plaintiffs employed D as the head of the said vessel upon setting the employment period from July 1, 2017 to the date of the steel network.

C. D was transferred to a hospital on July 3, 2017, while serving on board the said vessel on July 1, 2017, due to respiratory difficulty. However, on July 5, 2017, D died at the KIN Hospital around 22:35, and the person directly dies, and the cause of the closure is the pulmonary cancer.

D 1 year prior to the boarding of the instant vessel, D was diagnosed as Aponum cancer by the Busan White Hospital.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 evidence, Eul 1 through 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. Defendant’s assertion D is liable to pay bereaved family’s compensation under the Seafarers’ Act to the Defendant, since he/she died while on board the instant vessel, or died due to reasons other than duties while on duty while on duty.

B. The plaintiffs' assertion D does not constitute death of the king witness Gap, or death or death due to reasons other than official duties while on board the ship of this case.

Even if it is not so, since the ship of this case was subscribed for accident compensation insurance for fishing vessel crew members under the Fishing Insurance Act at the time, it is obligated to pay compensation compensation to the plaintiff's supplementary intervenor, and there is no obligation to pay to the plaintiffs.

3. Where a seafarer dies in the course of duties or a shipowner has died due to reasons other than his/her duties while on duty, he/she shall be liable to make compensation for survivors of a specified amount.

(Article 99 of the Seafarers Act and Article 27 of the Fishing Insurance Act). Here, a person on board a ship is on duty.

arrow