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(영문) 춘천지방법원 강릉지원 2018.08.16 2018노190
선원법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding that the Defendant paid KRW 2 million per person to the captain and crew is merely the fact that he/she paid the daily living expenses during the repair period of the vessel, and that he/she agreed to pay the captain and crew a monthly salary of KRW 2 million.

In addition, after commencement of the above 2 million Korean Won fishing, it was intended to deduct and settle the money excluding the expenses from the sales amount of the catch from the defendant, the captain and the crew.

In that way, the captain and crew could not leave the ship unilaterally after the repair of the ship.

Ultimately, the Defendant did not agree to pay monthly fixed wages to the captain and seafarers, and since the seafarer labor contract has been terminated on the responsibility of the captain and crew, all of the facts charged in the instant case is not guilty.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. On May 13, 2016, from around June 30, 2016 to around June 30, 2016, captain D and crew members who agreed to board C agreed to install equipment for fishing operation and to provide repair and maintenance services with the captain and crew members, and the Defendant agreed to pay wages and unemployment allowances with the captain and crew. The rules of employment of the Association of the GGGGE with the nation around the country, an incorporated association, include 50% of vessel crew members (the captain, captain, captain, crew member, etc.), 50% of vessel crew members (the captain, captain, crew member, etc.), 1610, 100, 300, 100, 106, 106, 106, 30, 106, 10, 106, 10, 106, 10, 106, 30, 106, 10, 106, 10, 10

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