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(영문) 광주고등법원(전주) 2014.10.30 2014나869

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

Reasons

1. Basic facts

A. The Defendant is a company with the purpose of the taxi transport business in the Jeonju-si, and the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) entered into an employment contract with the Defendant and were members of the Defendant’s trade union, who were or were workers of taxi drivers, and retired.

B. The plaintiff et al. has received wages in the form of reverting to the plaintiff et al. in the form of reverting to the plaintiff et al., if the plaintiff et al. paid the daily amount of daily taxi commission to the defendant and received basic pay, allowances, and bonuses from the defendant.

C. The wage agreement in 2004, which applies between the defendant and the defendant trade union, states that the above wage agreement was concluded between the "YAD Co., Ltd." and the "YAD Co., Ltd.," but around October 29, 2007, the defendant succeeded to the transportation business rights, taxis, labor relations, etc. of the "YADD Co., Ltd." and accordingly, there is no dispute between the defendant and his/her employees.

(B) The main contents of the instant wage agreement in relation to the instant case are as follows, since the said agreement was made under the said wage agreement without entering into a new wage agreement, and thus, the said agreement remains effective until now.

Article 3 (Types of Work) In principle, two classes per day shall be provided, and if it is impracticable to pay two classes per day due to a shortage of workers, the daily taxi commission system may be provided in agreement with the chairperson of the Trade Union and Labor Relations Adjustment Committee.

Article 4 (Work Hours) Work hours shall be based on 7 hours a day, 20 minutes a week and 44 hours a week, excluding recess hours, and may be extended within the limit of 12 hours a week by an agreement between labor and management.

Article 5 (Number of Working Days by Month) The number of working days of members shall be 26 days (25 days for one Article) for the 31st day.