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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim (including the part added by this court) is dismissed.
3...
Reasons
1. Basic facts
A. The Defendant is a company running the taxi passenger transport business, and the Plaintiff joined the Defendant company on October 27, 2012 and served as a taxi driver on February 10, 2016.
B. Through the collective agreement, wage agreement, and labor-management agreement, etc. applicable at the Defendant’s workplace, the labor-management agreed to pay 100,000 won in total, including 40% (42,000 won) of the reduced or exempted portion of value-added tax, other than 50% (58,000 won) already paid on September 3, 2009, as well as 40% of the reduced or exempted portion (42,00 won). From June 1, 2013, the labor-management agreed to pay 120,000 won for the reduced or exempted portion of value-added tax, including the wage,
다. 피고의 사업장에 적용되는 2011년도 단체협약 및 임금협정서와 노사합의서에 의하면, 2011년도 근로시간을 ‘1일 6⅔시간, 1주일 40시간을 기준’으로 하였으나, 2013. 5. 23. 2011년도 단체협약 및 임금협정서를 변경하는 노사합의를 하며 2013. 6. 1.부터는 소정 근로시간을 ‘1일 6시간’으로 변경하였다. 라.
In the collective agreement and wage agreement of 2011 and 2013 (hereinafter referred to as the “instant wage agreement”), the wage standard table shall be as follows:
(2) 【Standard Table of Wages for Drivers: 489,320 won [2,46.6 won 】 200 H] - A person who has served for a period of not less than one year but less than two years (including a holiday allowance) based on the minimum wage calculation basis, and for a continuous period of not less than one year and less than two years (including a holiday allowance) ± 200 H = 4,552.5 won and less than three months but less than one year (the minimum wage preservation amount of good faith allowances for the basic pay service) ± 200H = 4,320 won ± 4,320 won 20 won 【basic pay standard table of drivers’ wages - Basic pay table of drivers’ wages - 586,60 won [3,600 won 】 120,000 value-added tax reduction x 180 H [including a holiday allowance] - the basic pay for continuous service ± 180 years or more - the basic pay for continuous service.