임금
1. From August 9, 2016 to September 21, 2016, the Defendant: 5% per annum to Plaintiff A and from September 22, 2016 to September 21, 2016.
The summary of the case is that the defendant is a company running a general taxi transport business, and the fact that the plaintiff A is an employee employed by the defendant from around 2004 to October 31, 2014, and the plaintiff B from around 2010 to January 22, 2015 and engaged in driving service is no dispute between the parties.
The Plaintiffs seek the return of unjust enrichment for the following reasons: (a) the amount below the minimum wage during the three-year period prior to their retirement; (b) the claim for rent for the ten-year period prior to their retirement; and (c) the claim for the return of unjust enrichment for the new car expenses; and (d) this shall be
The plaintiffs' claim allowance for continuous service shall be paid only to those who have served for at least one year.
Bonuses shall be paid differently depending on the number of working days, and the total amount of standard transportation revenue shall be paid, and no bonus shall be paid if the damage is at least 2,00,000 won in lieu of traffic accidents.
As such, continuous service allowance and bonus are paid only when certain conditions are met, this cannot be said to be wages for contractual work hours or prescribed working days.
Article 5-2 subparag. 1 of the Enforcement Decree of the Minimum Wage Act provides that “wages other than wages paid for the prescribed working hours or the prescribed working days” shall not be included in the minimum wage. As such, continuous service allowances and bonuses shall not be included in the minimum wage pursuant to the above provision.
If the plaintiffs excludes continuous service allowances and bonuses from the total amount of wages received for three years prior to their retirement, it is below the minimum annual standard amount, and it is as shown in the attached Forms 1 and 2. Therefore, the defendant is obligated to pay the plaintiff A the amount of less than the minimum wage, the amount of 6,490,526 won and damages for delay, and the amount of 3,97,99 won and damages for delay below the minimum wage.
Article 6 (Effect of Minimum Wage Act) (1) An employer shall pay workers to whom the minimum wage is applied wages exceeding the minimum wage amount.
(3) Workers to whom the minimum wage is applied.