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(영문) 대전지방법원 2016.08.10 2015가합1141
임금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a company that operates a general taxi transport business under the Daejeon Metropolitan City Passenger Transport Service Act, and is a business place subject to the Minimum Wage Act admitted to C.

The plaintiff (appointed parties, hereinafter referred to as "the plaintiff") and the designated parties (hereinafter referred to as "the plaintiff et al.") together with the plaintiff and the designated parties (hereinafter referred to as "the plaintiff et al.") are the taxi drivers who entered into an employment contract with the defendant, or the retired workers.

B. The Plaintiff, etc., in the form of wage payment shall pay daily transport earnings to the Defendant the standard amount of daily transport earnings (the so-called taxi commission, hereinafter “ taxi commission”) and receive basic pay, allowances, and bonuses from the Defendant. However, transport earnings exceeding the taxi commission that the Defendant pays to the Defendant have been paid in the form of reverting to the Plaintiff, etc.

C. The instant wage agreement 1) On September 30, 2009, the Defendant and the Division of the Daejeon District Headquarters B of the D Trade Union entered into a wage agreement as follows (No. 2, Oct. 1, 2009; hereinafter “instant wage agreement”).

Although a new wage agreement was concluded on April 30, 2012 between the Defendant and the Company-based trade union, the following details are not changed:

) Article 3 (Types of Work) (1) 1. Work hours are 4 hours a day and 24 hours a week. The number of hours of work is 10 hours a day between two hours a day and 24 hours a day. The number of hours of work shall be 10 hours a day including meals and rest hours (6 hours) and meals and rest hours shall be freely used. The monthly work of drivers under Article 6 (number of Days of Work) shall be 26 days a day and 26 days a day. The wage system of drivers under Article 7 (wages of Work) shall be as follows. The wage calculation of wages shall be as follows: Basic pay, continuous work hours, work allowances, night work allowances, production allowances, good faith encouragement allowances, and bonus Article 12 (Operation Income Management ① Transportation Income Management shall pay transport income to the company after the end of the work.

(2) A two-day shift.

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