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(영문) 서울고등법원 2015.12.10 2015누45603
실질임금미적용보험급여지급처분취소
Text

1. The defendant's appeal is dismissed.

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

On March 7, 2013, the Defendant claimed the claim against the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the reasons for the judgment of the court of first instance, except in the following cases. Thus, this part of the reasoning is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The "fishing vessel" shall be added to the "Ban River Network" next to the "Ban River Network" of the second fiveth judgment of the first instance court, and the "for about three months" shall be added to "from July 10, 2012".

(b) 2nd 18th 18th am in the first instance court judgment (the facts of recognition) is dismissed as “(based on recognition)” and add “B evidence 5-1 and 2”.

2. The reasoning for the court’s explanation as to this part of the disposition in this case is as follows, except for the cases where the 5th court’s 18th to 6th 8th 18th 6th e.g., the corresponding part of the grounds for the judgment in the first instance is the same as the corresponding part of the grounds for the judgment in the first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act

Article 2 (1) 5 of the Seafarers' Disaster Insurance Act means average boarding wages under the Seafarers' Act.

Article 2 Subparag. 12 of the Seafarers Act means the amount calculated by dividing the total amount of wages paid to the relevant seafarer during the period on board (in cases of exceeding three months, the latest three months shall be three months) before the date on which a cause for calculating the average amount of wages on board occurred by the total number of days in the period on board.

Article 57(2) of the Seafarers' Act and Article 19-2(2) of the Enforcement Decree of the Seafarers' Act provide that the total amount of wages paid to a seafarer shall be determined based on 165 percent (No. 1), 170 percent (No. 2) or 175 percent (No. 3) of the monthly fixed wage when calculating average boarding wages of a seafarer who receives wages from the monthly fixed wage and production allowances. Meanwhile, Article 2(14) of the Seafarers' Act provides that a shipowner shall be determined based on a collective agreement and rules of employment in addition to the monthly fixed wage paid to a seafarer by a fishing shipowner.

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