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(영문) 광주지방법원 2019.01.16 2015나52967

임금

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1. The judgment of the court of first instance is modified as follows.

The Defendants are listed in the separate sheet No. 1. Claim amount.

Reasons

1. Basic facts

A. The Defendants are corporations with the purpose of general taxi transportation business under the Passenger Transport Service Act in Gwangju metropolitan area, and the Plaintiffs are taxi drivers who were employed or work for the Defendants.

B. The monthly working days of the period during which the Plaintiffs worked as a taxi engineer belonging to the Defendants (Recognition Labor Day, Night Work Day, Holiday Work Day, Holiday Work Day, and Week Holidays) are as indicated in the respective items of the part regarding the “work days” written by the Plaintiffs for the attached Form 2-1 through 2-7 (hereinafter “attached 2”).

C. The Defendants set the full-time hours, the daily contractual hours, and the monthly contractual hours under a collective agreement with their employees. The specific full-time days, the daily contractual hours, and the monthly contractual hours applied to the Plaintiffs are as stated by each item of the “fixed-term contractual hours” of the Plaintiff’s attached Table 2.

The detailed details of wages received by the Plaintiffs while serving as a taxi engineer belonging to the Defendants are as specified in each item of the “wages Statement” by the Plaintiff in attached Form 2.

E. Meanwhile, the statutory minimum wage is KRW 4,320 for 201, KRW 4,580 for 201, KRW 4,860 for 201, KRW 4,860 for 2013, and KRW 5,210 for 2014.

[Recognition] Facts without dispute

2. Determination as to the cause of action

A. The plaintiffs' claims include the minimum wage difference, night work allowance, holiday work allowance, holiday work allowance, etc. which must be paid fairly even though they were employed by the defendants and provided labor as above.

5.1. Payment of unpaid holiday allowances and retirement allowances is sought by the Defendants. The following items are examined. (b) Article 6(1) of the Minimum Wage Act provides that "An employer shall pay wages above the minimum wage amount to a worker to whom the minimum wage is applied" and Article 6(4) of the same Act provides that a regular payment shall be made at least once a month.