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(영문) 대구지방법원 2012.06.01 2011구합4147
유족급여등일부부지급처분취소
Text

1. On August 17, 201, the Defendant rendered a disposition to pay part of the site for survivors’ benefits, funeral expenses, and missing benefits to the Plaintiffs.

Reasons

1. Details of the disposition;

A. The “F” and “G” are the fishing vessel crew members of H, a fishing vessel of at least 20 tons in Korea with Vietnam’s nationality, and died on June 1, 2010 due to an accident on which the said fishing vessel is sunken.

Plaintiff

A The wife of the net F, the plaintiff B, and the plaintiff C are children of the network F.

Plaintiff

D The wife of the network G, and E are the children of the network G.

As an organization of shipowners, the defendant is an institution which is entrusted by the Minister for Food, Agriculture, Forestry and Fisheries with the affairs related to insurance business under the above Act, such as determination and payment of the insurance benefits for fishing vessel crew members and deliberation and decision of a request for examination of insurance benefits under Article 9 of the Act on Accident Compensation for Fishing Vessels (

B. According to the “collective agreement on foreign seafarers of a fishing vessel,” which the Defendant entered into with the Federation of the Korea Marine Industry and Trade Union (amended by June 12, 2009; hereinafter “instant collective agreement”), the agreement is the only collective agreement for foreign seafarers on board a fishing vessel with at least 20 tons of coastal tons (Article 1(1)), and the employer shall not meet the standards of the above agreement in entering into an employment contract with a foreign seafarer (Article 2(2)), and the said agreement shall not comply with the said agreement (Article 2(2)), the ordinary wages of a foreign seafarer are 80,000 won per month (Article 3 attached Table), and on-board wages are not otherwise provided.

C. The Plaintiffs filed a claim with the Defendant for reimbursement for loss of belongings caused by the death of the Deceased due to a disaster, and for survivors’ benefits, funeral expenses, and missing benefits calculated on the basis of the minimum amount of ordinary wages of KRW 1,343,00 and average on-board wages of KRW 2,148,00 in the event of accident compensation for seafarers of 2010 as publicly notified by

On August 17, 201, the defendant recognized the ordinary wages and average boarding wages of the deceased as KRW 800,000 per month on August 17, 201 to the plaintiffs.

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