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(영문) 전주지방법원 2019.08.13 2017나14546

임금 등

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Defendant (formerly: Limited Liability Company C) is a company with the purpose of transporting taxi passengers in the Jeonju-si. The Plaintiff et al. concluded an employment contract with the Defendant and entered into a labor contract with the Defendant, or was a retired employee, and some of them were affiliated with the Jeonju-si Branch (hereinafter “instant trade union”).

B. The Plaintiff et al. paid daily minimum transport earnings (referring to the so-called “daily taxi commission”) from the total daily transport earnings to the Defendant, and received basic pay, allowances, and bonuses from the Defendant, and received transport earnings exceeding the taxi commission that is paid to the Defendant has been paid as wages in the form of reverting to the Plaintiff et al.

Article 4 (Work Hours) Work hours shall be 7 hours a day, 20 minutes a day, excluding recess hours, and 44 hours a week, and may be extended by up to 12 hours a week through consultation between workers and workers.

C. Around October 14, 2008, the Defendant and the instant trade union entered into the wage agreement (Evidence A 4, hereinafter “the wage agreement of 2008”), and the part on the working hours among them are as follows.

The Defendant and the instant trade union provide that the wage agreement of June 29, 201 is stipulated as the wage agreement of 2011, hereinafter referred to as 'the wage agreement of 2011'.

The wage agreement of 201 was applied from July 1, 201 to the wage agreement of 201, and Article 3 (Types of Work) as a general rule, and the working hours per person due to a shortage of workers, etc. may be extended by up to 6 hours a day, 30 minutes a day, excluding recess hours, and 39 hours a week, and by an agreement between workers and workers. The working hours of Article 4 (Working Hours) may be extended by up to 12 hours a week, excluding recess hours, by up to 6 hours a day and 30 hours a week. The working days of a driving engineer of Article 5 (Number of Work) shall be 26 days a day (up to 25 days a day, 30 days a day, 29 days a day a day, 29 days a day, 24 days a day a day, and 28 days a day a day a day a day a day a week, 26 days a day a day a day a week;