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(영문) 전주지방법원군산지원 2014.12.16 2013가단9548
가불금
Text

1. The Defendant’s KRW 19,552,188 as well as 5% per annum from August 21, 2013 to December 16, 2014 to the Plaintiff.

Reasons

1. The plaintiff is the owner of a fishing vessel C, and the defendant is the seafarer who has worked in the above fishing vessel as deck.

On April 1, 2012, neighboring Coastal Network Fisheries Cooperatives representing the military mountain guide and the owners of vessels belonging thereto concluded a collective agreement with the former Seafarers' Labor Union representing seafarers including the Defendant (hereinafter “instant collective agreement”) and reported it to the competent authority:

A: He/she shall enter into an agreement as specified in the attached Table of Article 13 (Rate Wages and Common Expenses) of the former Seafarers' Union of North Korea and Chungcheongnam-do.

Article 17 (Payment of Remuneration upon Anchoring of Ships) (1) If a ship fails to depart from the port after a seafarer is employed to run a fishery business, A shall pay a food fee during the period and pay a minimum of the basic wages in the attached Table of wages agreement.

Article 20 (Retirement Allowance) ① When one year or more is employed on the same fishing vessel, 160% (average on-board wage) of the basic salary month shall be paid.

(2) An amount equivalent to average boarding wages for 20 days shall be paid to a seafarer retired from office due to the termination of a seafarer labor contract or the termination of a seafarer labor contract due to a cause not attributable to a seafarer for not less than 6 months but less

The main contents of the wage agreement attached to the instant collective agreement are as follows.

A shipowner shall make up 35% of the amount of sales proceeds of the catch less common expenses under the following subparagraphs as crew union dues:

1. Common expenses:

(a) Commission fees and loading and unloading expenses;

(b) The actual expenses of businesses other than oil, fish boxes, white, potable, potable water, packaging paper, freezing work uniforms, various cooterss, other than other knife, shall be borne solely by the shipowner.

2. The minimum basic wages under the Seafarers Act shall be paid at least 1,238,00 won per month of seafarers;

The minimum wage applicable to accident compensation shall be at least 1,514,000 won.

3. Wages of seafarers shall be settled once a month; and

Provided, That it shall be 0.8 0.0 out of the amount deducted every month.

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