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(영문) 대법원 1970. 9. 29. 선고 70다1409 판결
[유족수당][집18(3)민,113]
Main Issues

Article 98 of the Seafarers' Act provides that the so-called seafarer is dead in the course of performing his duties.

Summary of Judgment

Although the non-party deceased, who is the crew of the deep-sea fishing vessel, of the species of salvous species, has been reduced in the weight of 20 tons after departure from the port until the death in the working environment at the time, the first 10 days was affected by the salvous species of the problem that he did not perform his duties for the first 10 days and did not undergo the operation, thereby causing the deceased to rapidly death, it constitutes an official death as prescribed in Article 98 of the former Seafarers' Act (Act No. 963 of Jan. 10, 62).

[Reference Provisions]

Article 98 of the Seafarers Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Dong Industrial Company

Judgment of the lower court

Busan District Court Decision 69Na562 delivered on June 16, 1970

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

The defendant's attorney's grounds of appeal Nos. 1 through 3 are examined.

In full view of the listed evidence, the original judgment: (a) it is difficult to seek life if the cause of the death of the deceased was discovered and recovered in the early stage, and (b) it is difficult to find it early; (c) the above species of the deceased were already generated before departure from the port; and (d) after the symptoms, such as the infinite and the infinite amount of fire fighting, etc. were revealed, it is difficult to seek life; (b) it can be extended even if the operation was performed on the ground that it was definite; (c) it is difficult to obtain life; (d) in order to return to the working environment at the time of the death of the deceased, there is considerable time and cost to return to the deceased, and there was a decrease in the weight of 20 pound until the death of the fishing vessel, but the first 10 days was no longer affected by the original judgment, thereby allowing the deceased to rapidly die, and thus, it cannot be viewed that it did not constitute a violation of the provisions of Article 98 of the Seafarers Act or the evidence adopted by the lower judgment.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the bearing of litigation costs for the appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho

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