1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) the records in Gap’s evidence Nos. 1 to 4, 6, and 7; (c) the fact inquiry results with respect to the previous North Korean Labor Union of the court of first instance; and (d) the witness D of the court of first instance and E (other than the non-trusted parts)’s testimony.

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.

B. On April 1, 2012, the neighboring Coastal Network Fisheries Cooperatives, representing the Gunsan Guidance to which the Plaintiff belongs and the subordinate vessel owners, concluded a collective agreement (hereinafter “instant collective agreement”) with the North Korean Seafarer Labor Union representing seafarers including the Defendant, and reported it to the competent authority.

Collective Agreement A: A collective agreement shall be entered into as specified in the attached Table of Article 13 (Rate Wages and Common Expenses) of the former Seafarers' Union of North and South Korea.

(A) Article 14 (Attendance at the Collective Calculation) A shall be present at the meeting of a person who is designated by B at the time of the Joint Accounting, and the observer shall sign and seal it at the time of the Joint Accounting. A statement of the Joint Accounting that is not signed and sealed shall not take effect.

Article 15 (Evidence of Evidence) A shall, in calculating beams, present a legitimate evidence, other than the purchase of all kinds of goods for common expenses, and explain the reasons therefor in detail.

Article 17 (Payment of Remuneration upon Anchoring of Ships) (1) Where a ship fails to depart from a port after a seafarer is employed to run fisheries, A shall pay food charges during the period and pay not less than the minimum basic wage 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) A seafarer whose period of continuous labor is not less than six months but less than one year, and whose seafarer labor contract is terminated or is not responsible for seafarers, shall be terminated.