beta
(영문) 인천지방법원 2015.08.21 2013가합34545

임금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a company for the purpose of the taxi transport business, etc., and the plaintiffs enter into an employment contract with the defendant and work as a taxi driver.

A retired person is a retired person.

B. On December 1, 2006, the Defendant concluded a wage agreement with the Defendant Company Labor Union (hereinafter “Trade Union”) comprised of a majority of workers (hereinafter “Labor Union”) (hereinafter “Labor Agreement in 2006”).

The main contents of the wage agreement of 2006 are as follows:

[The Wage Agreement of 2006] The labor-management party of Article 1 (Basic Policy) of the Labor Agreement of 2006 shall enter into force a monthly wage system based on the total amount management system of transportation revenue and all income generated from the operation of transportation recording devices.

Article 5 (Types of Work) (1) In principle, two-day work shall be conducted per day.

Article 6 (Work Hours) (1) Work hours shall be seven hours a day, twenty minutes a week, and forty-four hours a week, excluding recess hours.

(2) The daily number of hours of service shall be 12 hours a.m. and 12 hours a.m. (including the basic daily working hours, meals, and rest time) respectively. (3) Since labor-management is in the business form of a taxi establishment, it is difficult to specify whether to work in excess, it shall not be recognized as overtime hours for which approval of the company is not granted, given that it is difficult to specify whether to work in excess. (1) The driver’s wage structure of a taxi shall be comprised of a fixed amount wage (basic pay, continuous service allowances, allowances for work on board, overtime allowances, good faith allowances, and bonus for performance, and performance allowances and additional allowances (retirement allowances, and other welfare allowances), and monthly wages shall be the fixed amount, performance allowances, and performance allowances.

2. The monthly average transportation revenue per driver applicable in this Agreement shall be 2,300,000 won, and the monthly minimum transportation revenue for which a performance allowance may be paid shall be 2,00,000 won.

(3) Monthly wages calculation referred to in paragraphs (1) through (2) shall be listed in the attached Table.

1. The monthly wage calculation table shall be as follows;

(4) A driver shall be monthly.