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(영문) 창원지방법원 진주지원 2021.01.26 2019가합12100
임금
Text

1. Defendant (Counterclaim Plaintiff) written the “amount of award” column in attached Form 1 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant is a company engaged in a general taxi transport business as prescribed by the Passenger Transport Service Act. The Plaintiffs are employees employed by and working or retired from the Defendant as a taxi driver (the Plaintiff’s employee and retirement from office are as indicated in the corresponding column of the Plaintiff’s entry and retirement). 2) The employees of the Defendant, including the Plaintiffs, are paying to the Defendant only a certain amount of transport income (hereinafter “ taxi commission”) from the total transport income on the working day, while serving as a shooting day, and the remainder of the transport income (the “wages based on output” as stipulated by the Special Provision as seen below) other than this.

The wage has been paid in the form of the so-called fixed taxi commission scheme, which is the method of receiving a certain fixed wage, such as basic money and various allowances, from the Defendant.

(b) carry out the wage agreement of Article 2 (Work System) of the Wage Agreement, 2007, in accordance with the individual capacities of drivers in light of the characteristics of their working conditions, and be on the 13th day of each month;

Article 4 (Work Hours) All the requirements of work agreed upon by all employees.

The starting hours of 07:00 p.m., the end hours of 22:00 p.m., and the calculation of wages shall be 8 hours of fixed work and 14 hours of extended work (Provided, That the inside and outside of 2 hours shall be meals and break hours). Article 4 (Classification of Wage System): A person who wishes to pay monthly salary system.

1. The classification of the wage system shall be based on the following and the table for calculation of a separate prize:

2. Only 20,000 won per month shall be paid to exclusive engineers.

3. To employees who wish to receive a daily revenue receipt system, the preceding one shall apply.

Article 5 (Loans): Excluded from the application by the time of separate consultation.

Article 6 (Transports) Monthly Payment System and daily Transport Revenues Management System shall be classified into:

1. Monthly wage system: 108.

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