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The judgment below
Of them, the part on Defendant B and D is reversed.
Defendant
B and D Punishments for Company B and D
Reasons
1. Summary of grounds for appeal;
A. Defendant A and Co., Ltd. 1) misunderstanding of facts and misunderstanding of legal principles ① “seafarer management expenses (hereinafter “seafarer management expenses”) received by the Defendants as stated in the annexed Table I among the facts charged in the instant case are merely that the relevant foreign seafarers complain of economic difficulties, such as that the relevant foreign seafarers should lend money to the consignor to pay the seafarer management expenses in advance at the time of delivery. Thus, it is merely that the seafarers dispatched for the convenience of the seafarers receive 20,000 won per month from the monthly salary that the seafarers received from the consignor’s employment in Korea. ② In the case of “work contract annual equipment (hereinafter “the extension expenses”)” received as stated in the annexed Table II of the facts charged, the relevant foreign seafarer’s sojourn period was extended to a maximum of one year and ten months, and thus, it is paid as management expenses for the corresponding management activities during that period. Accordingly, both the instant seafarer management expenses and the extension expenses of the Seafarers’ Act are amended by Act No. 1024, Aug. 4, 2011.
(2) The lower court’s judgment convicting the Defendants of all the charges of this case on the grounds that the lower court erred by misapprehending the facts or by misapprehending the legal principles pertaining thereto, thereby adversely affecting the conclusion of the judgment, contrary to Articles 137-3 subparag. 5 and 102 of this Act and Articles 168(1)5 and 111 of the Seafarers Act, and Article 168(1)5 and 111 of the Seafarers Act.
B. The lower court’s punishment against Defendant B and D Defendants (a fine of one million won) is too unreasonable.
2. Determination as to Defendant A and C’s assertion
A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendants’ determination of the part concerning the claim of acceptance of the seafarer management fee of this case shall also be made with this part.