A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, as the owner of the “N” vessel under M, is an employer who runs a coastal cargo transportation business.

1. An employer shall, if a worker retires, pay his/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred;

The Defendant, from December 4, 2015 to January 5, 2016, did not pay KRW 4 million of unemployment allowances and KRW 2 million of dismissal advance notice allowances of theO retired from office as captain from the foregoing N to the aforementioned N’s work as captain.

2. The owner of a ship which has entered into a labor contract with a seafarer shall prepare two copies of a seafarer labor contract stating the matters prescribed by Ordinance of the Ministry of Oceans and Fisheries, keep one copy, and provide one copy to the seafarer;

Nevertheless, the Defendant entered into a seafarer labor contract with the aboveO on December 4, 2015, and did not prepare a seafarer labor contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witnessO;

1. Application of the statutes governing certificates of work experience on board;

1. Relevant legal provisions concerning facts constituting an offense, Article 5 (1) of the Seafarers Act, Article 109 (1) and Article 36 of the Labor Standards Act, Article 177 subparagraph 3 and Article 43 of the Seafarers Act (a point of failing to prepare a contract for work) concerning punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. According to Article 37(1) of the Seafarers Act, pursuant to Article 37(1) of the Seafarers Act, a defense counsel is obligated to pay unemployment allowances to the owner of the ship only when the seafarer has terminated the labor contract without

O argues that the defendant has no obligation to pay unemployment allowances because he/she neglected his/her ability as a captain, and caused the risk of causing damage to the defendant due to lack of working ability.

The evidence duly adopted and examined by this court is recognized.