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(영문) 광주지방법원 2015.06.03 2014가단506268

임금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the plaintiffs' claims

A. The Defendants asserted that the collective agreement in 201 set the contractual hours per day by 6 hours and 44 minutes for taxi engineers, including the Plaintiffs, who are workers, pursuant to the main sentence of Article 58(1) of the Labor Standards Act, the Plaintiffs are deemed to have worked the above contractual hours and pay 756,918 won per month as wages. The Plaintiffs are working 9 hours and 30-10 hours per day. As such, the Defendants are obliged to pay the difference between the monthly wages calculated by applying the minimum wage rate of 9 hours and 30 hours per day, the actual working hours per day, and the wages already paid to taxi workers, including the Plaintiffs, need to work more than 6 hours and 30-10 hours per day in order to perform their duties, and thus, the Plaintiffs’ assertion that the contractual hours are ordinarily required under the proviso of Article 58(1) of the Labor Standards Act is difficult to be determined by applying the minimum wage rate of 9 hours per day and the minimum wage of 30-10 hours per day.

2. Next, even if taxi engineers, including the Plaintiffs, need to work more than 6 hours and 44 minutes per day in excess of 9 hours and 30-10 hours per day in order to perform their duties.