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(영문) 대전지방법원 2015.10.21 2014가단21745
임금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. On January 15, 201, Plaintiff A entered into an employment contract with the Defendant who is engaged in taxi transport business and was dismissed on May 24, 2014.

B. On July 21, 2011, Plaintiff B concluded an employment contract with the Defendant and served as the Defendant’s taxi driver, and retired on March 31, 2014.

C. The main contents of the labor contract and wage agreement that the Plaintiffs signed with the Defendant are as follows.

Article 3 (Types of Work, Payment of Wages and Working Hours) ① In principle, two-day and twenty-six-day work per day shall be worked, and the payment of wages shall be made from the 10th of each following month to the 13th of each following month.

Provided, That in cases of delay, prior consultation shall be publicly announced.

(2) 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.

Article 8 (Payment of Wages) (1) Wages of workers shall be classified into basic pay, allowance for work on board (work on board, night, full attendance, good labor encouragement allowance, VAT production allowance), and bonus, and the calculation of wages shall be as follows:

(2) In principle, wages shall be the fixed-amount monthly wage system for those who have served for at least one year in full-time service on the 26th day of a month, and the monthly fixed-amount wage shall be 870,000 won.

Article 10 (Allowance Allowance and Extension Leave Allowance for Continuous Service) (1) Continuous Service Allowances shall be paid by adding 7,300 won to each one year for continuous service who has served for more than one year on the basis of the registration date of regular employment, and exceeds one year on the basis of the registration date of regular employment, and agree to do so for a period of ten years for continuous service.

(3) The designation of weekly holidays shall be determined on a day that does not interfere with the dispatch of ships, and allowances for service on board, night allowances, allowances for encouragement of sincere service, and allowances for reduction or exemption of VAT shall be paid to persons who have been actually engaged in actual service.

Article 11 (Conditions for Payment of Bonuses) Bonuses shall be paid in monthly installments only for workers for at least one year after the registration of regular employment and for at least 23 days of actual monthly employment in a quarter.

Article 12 (Restriction on Payment of Bonuses) Any person who falls under any of the following subparagraphs:

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