1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Ex officio determination

A. According to Article 168(1)5 and Article 111 of the Seafarers Act, a person who intends to employ a seafarer, a person engaged in job placement, recruitment, employment, and management of seafarers, or any other person engaged in labor and personnel management business of seafarers shall not receive money and other valuables or other benefits in relation to the job placement, recruitment, employment, etc. of a seafarer or a person who intends to be a seafarer, regardless of the pretext thereof, from a seafarer or a person who intends to be a seafarer, and in violation thereof, he/she shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won.

(2) Meanwhile, according to Articles 47(1) and 19(1) of the Employment Security Act, a person who intends to conduct domestic fee-charging job placement services shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the location of the principal place of business, and a person who conducts fee-charging job placement services without filing a registration accordingly shall be punished by imprisonment with labor for not more than five years or by a

(3) In light of the special nature of maritime labor, the Seafarers’ Act constitutes an Act enacted separate from the Act on General Workers, including the Labor Standards Act and the Employment Security Act, to maintain order in a ship, to guarantee and improve the basic life of seafarers, and to improve the qualities of seafarers.

Therefore, in light of the above legislative intent of the Seafarers' Act and all other circumstances such as the type and content of the pertinent provision (Article 111), the Seafarers' Act takes precedence over the Employment Security Act with respect to job placement, etc. of seafarers subject to the Seafarers' Act, and the matters not prescribed by the Seafarers' Act do not go against the nature of the seafarer's labor relationship.