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(영문) 부산지방법원 2015.11.11 2015나2055

보수교육수당

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in the evidence Nos. 1, 2, and 3 (including additional numbers) of the parties, taking into account the overall purport of the pleadings:

The Plaintiffs were employed by the Defendant as a taxi transport business entity and engaged in taxi driving services, and received passenger repair training at the Busan Metropolitan City Transport and Culture Training Institute from 2011 to 2013.

B. Article 9(5) of the wage agreement between the Plaintiffs and the Defendant provides that “The participants in the regular training of transport employees conducted under the Passenger Transport Service Act shall be subject to separate agreement,” and the Defendant agreed on February 2008 to pay KRW 12,000 per person who completed the supplementary training under the labor-management agreement in the name of the educational room expenses. The Defendant paid allowances to the Plaintiffs pursuant to the above labor-management agreement.

C. The Passenger Transport Service Act (amended by Act No. 13485, Aug. 11, 2015) and the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport, Jul. 29, 2014) related to the instant case are as follows:

(1) A transport employee shall undergo education necessary to improve the quality of service for passengers, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

(2) A transport business operator shall take necessary measures to enable transport employees to undergo training pursuant to paragraph (1), and shall not allow any transport employee who has failed to undergo the training to engage in driving service.

(3) Where necessary to efficiently conduct education under paragraph (1), a Mayor/Do Governor may directly establish and operate or designate a training institution for transport employees, as prescribed by municipal ordinance of the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), and may subsidize expenses incurred in the operation

Passenger Transport Service Act;