임금
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 1,403,311 and the Plaintiff (Counterclaim Defendant).
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 2, 3, 6, Eul evidence 1, Eul evidence 2-2, 5, Eul evidence 3, 10 and the purport of all pleadings.
The defendant is a company that runs general taxi transportation business under the Daejeon Metropolitan City Passenger Transport Service Act and is a business place subject to the Minimum Wage Act that is admitted to the Daejeon Passenger Transport Business Association.
The plaintiff is a person who entered into an employment contract with the defendant on March 1, 2013 and has worked for taxi driving.
B. The Plaintiff paid daily total transport earnings to the Defendant the daily standard amount of daily transport earnings (the so-called “daily taxi commission”) and received basic wages and allowances from the Defendant, but the transport earnings exceeding the daily transport earnings standard amount paid to the Defendant have been paid in the form of reverting to the Plaintiff.
Article 3 (Payment of Wages and Hours of Work) (1) In principle, two months per day and twenty-six days per month, and the payment of wages shall be made from the 10th of each following month to the 13th of each following month.
(3) Work hours shall be based on 6 hours a day, 180 hours a month under the Labor Standards Act, and shall be 6 hours a day, 6 hours a day, meals, and 3 hours a day.
(5) The hours of recess shall be from 6 a.m. to 15 p.m., including 3 hours of recess, and the hours of recess shall be from 15 p.m. to 24 p.m. including 3 hours.
Article 8 (Payment of Wages) (1) Wages for workers shall be classified into basic pay, allowances for work on board (work on board, night, full attendance, allowances for encouragement of good labor, VAT production allowances), and bonuses, and the calculation of wages shall be as follows:
(2) In principle, wages shall be paid in monthly salary system for a person who has served for at least one year in full-time service on the 26th day of a month, and the standard for payment shall be 870,000 won per month, while the standard for payment shall be as prescribed in Article 8
The amount of the surcharge reduced to KRW 87,200 before and after the amount of the surcharge reduced to KRW 87,200 shall be paid according to the number of actual working days including wages, and any civil and criminal objection shall be raised against the amount of the surcharge reduced.