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(영문) 대구지방법원 2020.08.11 2015가단118738
임금
Text

1. Attached 1’s claim amount and the quoted amount table “B” Defendant 2’s column are each the Defendant.

Reasons

1. Basic facts

A. The Plaintiffs are taxi drivers employed by each of the Defendants, who worked or worked as one-person single borrower system. The Defendants are companies that employed or employed the Plaintiffs and run taxi passenger transport business, and are subject to the Minimum Wage Act.

B. The Plaintiffs paid a daily total amount of daily transport earnings to the Defendants, and received fixed wages, including basic pay and various allowances, from the Defendants each month. The Plaintiffs received wages in the form of a daily transport income exceeding the daily transport income threshold (hereinafter “excess transport income”).

C. The collective agreement governing the labor relations between the Plaintiffs and the Defendants applies to a collective agreement concluded between the Daegu Regional Headquarters of the AG Trade Union to which the Plaintiffs belong (hereinafter “Trade Union”) and the AH Business Association to which the Defendants belong (hereinafter “Business Association”).

In the collective agreement and wage agreement applicable from September 3, 2009, a trade union and an industrial cooperative agreed to pay the amount of value-added tax of KRW 100,000 per month to be included in the wages. From June 1, 2013, the parties agreed to pay the amount of value-added tax of KRW 120,000 per month as well as the amount of value-added tax of KRW 120,00 per month including the amount of value-added tax reduced. Accordingly, the Defendants

E. In addition, contractual work hours are six hours and 40 minutes per day (at the latest from 2007), 40 hours per week, fixed wage excluding excess transport earnings (hereinafter “fixed wage”) excluding fixed wage excluding fixed wage 963,90 won per day, daily transport earnings 116,000 won for vehicles under three years, and 114,000 won for vehicles for three years or more, and there was no subsequent change. From the collective agreement concluded on May 23, 2013 and enforced on June 1, 2013, “instant revised collective agreement”.

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