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(영문) 대구지방법원 2014.11.21 2014구단10214
과징금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff Gyeongdong Company (hereinafter “Plaintiff Gyeongdong Company”) is a passenger transport service provider who runs each taxi transport business from 92, Daegu Suwon-gu Cheongdong-gu Cheongdong-gu Cheongsung-gu Cheongdong-gu Cheongdong-si 1 (hereinafter “Plaintiff Gyeongdong-si”).

B. The Plaintiffs paid the fixed amount of KRW 915,510 per month to taxi drivers, who are originally workers, as the 25th day of the month, or KRW 914,970 per day, with the monthly fixed amount of KRW 41 liter’s oil. On the other hand, the Plaintiffs supplied 41 liter’s oil and deposited taxi commission ( KRW 116,00 per day, KRW 117,00 per day, KRW 117,00 per day, or KRW 118,00 per day, or KRW 116,00 per day, and the remainder of the operation income has been operated in such a way as to pay the difference if the operation income falls short of the taxi commission.

C. From November 1, 2012, the Plaintiffs changed the form of labor following the labor-management agreement.

(hereinafter referred to as “ modified form of work”). The number of monthly work days shall be 23 days, and the daily taxi commission shall be 53,000 won, instead of eliminating fixed wages.

The workers shall bear only the oil price required for the actual operation, but the plaintiffs shall pay 221 won per liter for the oil actually used by the relevant workers as a fuel subsidy.

Retirement allowances and annual allowances shall be paid as before, and as such, wages shall be paid in lieu of the amount brought by all workers except for reduced taxi commissions. D.

Article 23 of the former Passenger Transport Service Act (amended by Act No. 11998, Aug. 6, 2013; abbreviationd name: the former Passenger Transport Service Act) and Article 12 of the Enforcement Rule of the same Act (amended by Act No. 11998, Aug. 14, 2013; hereinafter “former Passenger Transport Service Act”) are likely to infringe on the safe transportation of passengers and cause a fall in the quality of their services.

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