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(영문) 부산지방법원 2013.09.12 2012노4122
선원법위반
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which found the defendant guilty on a different premise that the F's disease in the summary of the grounds for appeal does not constitute an occupational accident is erroneous in the incomplete hearing or in the misconception of facts against the rules of evidence.

2. We examine ex officio prior to the Defendant’s appeal on the ground of ex officio determination, and the prosecutor shall keep the original facts charged as “principal facts charged,” while applying for amendments to a bill of amendment with the content of “preliminary facts” as stated in the following facts constituting the crime under paragraph (4). Since this court permitted this, the judgment of the court below was no longer maintained.

However, since the defendant's assertion of mistake of facts concerning the primary facts is still subject to the judgment of this court, it will be examined to change the claim.

3. Judgment on the primary facts charged

A. The summary of the primary charge is the representative director of D, a corporation with the heading 905 of the Busan Northern District C building in Busan Northern District.

1) Where a seafarer is injured or suffering from a disease on duty, a shipowner shall provide medical treatment at his/her own expense or pay expenses necessary for medical treatment until the injury or disease is cured, and even though a seafarer under medical treatment has been suffering from injury and disease in the amount equivalent to ordinary wages once a month until his/her injury or disease is cured, the defendant did not pay the amount of injury and disease compensation equivalent to ordinary wages at his/her office around January 2012; from August 29, 2011 to November 9, 2011, the F, who was on board the deck of the tugboat "E" owned by D, was on the job of D Co., Ltd. from the office of D Co., Ltd. until November 29, 201; and even though the F, who had been on board the deck of the tugboat "E", had performed surgery and medical treatment from November 9, 201 to January 26, 2012, the shipowner did not pay the total amount of injury, disease and disease compensation, or injury.

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