임금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following part ordering payment.
1. From April 201 to April 2015, the Plaintiff filed a claim against the Defendant for the payment of KRW 10,295,763 of wages below the minimum wage (hereinafter “(i) and KRW 207,60 of the health insurance premium collected in excess of the minimum wage, and KRW 11,570 of the long-term care insurance premium of KRW 219,170,170, and KRW 11,570 of the long-term care insurance premium of KRW 11,570, the claim for the return of KRW 109,950 of the excess employment insurance premium (hereinafter “(ii) and the claim for the return of KRW 5,380,00 of the unfair traffic accident insurance collection amount, the claim for the return of KRW 4,408,661 for the new purchase cost, and the first instance court accepted part of the claim, and all of the remaining claims of the Plaintiff were dismissed.
2. Basic facts
A. The Defendant is a company running the taxi passenger transport business, which is subject to the Minimum Wage Act, and the Plaintiff is a taxi driver who entered into an employment contract with the Defendant on March 29, 201 and worked for the Defendant.
B. The Plaintiff received wages pursuant to the wage agreement in 201, which was concluded between the Defendant and the labor union to which the Plaintiff belongs, and came into force on June 1, 201, and the wage agreement in 2013, which came into force on December 1, 2013 (as the contents of each of the above wage agreements are almost similar, each of the above wage agreements was referred to as the “instant wage agreement”), and a collective agreement (as of November 29, 2013, and “instant collective agreement”). The main contents of the instant wage agreement and the instant collective agreement are as follows.
Article 3 (Labor Type) of the Wage Agreement shall, in principle, be a two-day system per day, and a two-day work (one day work, one day work) may be provided.
Article 4 (Work Hours)
(a) The working hours shall be 6 hours and 40 minutes a day, and the basic working hours of 40 hours a week, as prescribed working hours;
Article 6 (Number of Days of Work) The number of days of service per month shall be two times a day.