1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the case where the part concerning the calculation of wages is used as stated in the following paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, except for the claim on the calculation of wages, and the fact-finding and determination in the first instance court are deemed legitimate, considering all the additional arguments and evidence added by this court). 2. The part of the first instance court, which was amended on February 2, 200, up to 8, 5-18, shall be as follows.

“2) The party’s assertion regarding the calculation method of wages asserts that the Plaintiff should calculate the amount of wages not paid on the basis of the minimum wage, not the actual paid wage, since the Defendant paid wages that fall short of the standard of the Minimum Wage Act by calculating contractual work hours based on the invalid collective agreement and wage agreement by two hours a day.

In this regard, the defendant does not specifically dispute the calculation of the minimum wage. However, in calculating the unpaid wage, the defendant asserts that ① 118,899 won paid as "other items" in September 2017, ② the amount equivalent to the oil expense (51,242 won in July 2017, KRW 342,00 in August, 201, KRW 342,00 in September, and KRW 279,348 in September), ③ income from tyco-meter manipulation ( KRW 42,560 in July 42, 2017, KRW 42,560 in August, 42,00, KRW 31,90 in September, 200) should be deducted.

3) Notwithstanding Article 6(5) and (4) of the Minimum Wage Act, the scope of wages included in the minimum wage of drivers in the passenger taxi transport business under Article 3 of the Passenger Transport Service Act and subparagraph 2(c) of Article 3 of the Enforcement Decree of the same Act shall be wages prescribed by Presidential Decree, excluding the wages calculated on the basis of the output. (hereinafter referred to as “the instant case”).