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(영문) 부산고등법원(창원) 2015.08.12 2014나3293
임금
Text

1. The plaintiffs' appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. The parties concerned are corporations with the purpose of taxi transport business, and the plaintiffs are taxi drivers who were employed and work or work for the defendant.

(b) A transport business operator determined by Presidential Decree shall collect all rates or fares (hereinafter referred to as "transport income") which a person who meets the qualifications for engaging in driving service under Article 24 and engages in driving service of passenger transport business (hereinafter referred to as "transport employee") receives from a user, in full, from the transport employee;

Article 26 (Matters to be Observed by Transport Employees) (2) Any transport employee of a transport business operator under Article 21 (1) shall pay transport gains in full to the transport business operator.

Article 6 of the Minimum Wage Act (Effect of Minimum Wage) (1) An employer shall provide the workers to whom the minimum wage is applied with wages exceeding the minimum wage amount.

(2) No employer may lower the previous wage level on the ground of the minimum wage determined under this Act.

(3) The portion determined as wages below the minimum wage amount in an employment contract between the workers and the employer to whom the minimum wage applies shall be null and void, and in this case, null and void portion shall be deemed to have been paid the same wage as the minimum wage amount as

(4) The wages falling under any of the following subparagraphs shall not be included in the wages referred to in paragraphs (1) and (3):

1. Wages, other than those paid periodically at least once a month, which are determined by the Minister of Employment and Labor;

3. Other wages deemed inappropriate to be included in the minimum wage amount.

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