부당이득금
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
The plaintiff on the summary of the case and the summary of the procedure asserts that the defendant company entered into a collective agreement violating the Minimum Wage Act as follows, and, based on which wages and retirement allowances are paid, thereby causing damage to the plaintiff as much as the amount stated in the purport of the claim.
In regard to this, the defendant shall dismiss the lawsuit of this case in accordance with the special agreement to bring an action against the plaintiff on August 13, 2019, and at the same time asserted that the extinctive prescription has expired after disputing the establishment of the tort alleged by the plaintiff.
The summary court of the procedure was to examine the evidence submitted by the plaintiff and the defendant at the date of pleading once, and to examine the whole purport of the argument, thereby resulting in the following judgment as to the issues of this case, in particular, the legality of the litigation.
The facts acknowledged by the court concerning the issue of determination on the issue are that there is no dispute over the issue, or that the plaintiff provided labor of the plaintiff Nos. 1 through 18, and No. 1 and 2, and that the plaintiff entered into the agreement, etc. of this case, etc., from September 1, 2009 to July 31, 2019, provided labor at the defendant company as a taxi engineer, and re-entered on August 1, 2019.
On October 30, 2009, the Defendant Company entered into a collective agreement and wage agreement (hereinafter referred to as the “instant agreement, etc.”) with the CEU D branch (hereinafter referred to as the “Trade Union”) to which the Plaintiff was a member of the Plaintiff on August 30, 2009, on which eight hours a day, etc., and entered into a collective agreement and wage agreement with the labor union on January 20, 201 with the working hours at least four hours a day.
On January 23, 2014, taxi engineers, including the Plaintiff, filed a lawsuit against the Defendant Company seeking payment of wages, etc. from the Suwon District Court (2014Gahap20278) on January 23, 2014, and the cause of the claim is as follows.
In other words, the defendant and the trade union are working hours of 4 hours a day in the collective agreement and wage agreement 201.