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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company engaged in passenger transport business. On August 13, 2008, the Plaintiff joined the Defendant company and served as a taxi driver, and retired on February 19, 2016.
B. According to the amendment of the Minimum Wage Act by Act No. 8818, Dec. 27, 2007, Article 6(5) of the Minimum Wage Act (hereinafter “instant provision”) was newly established to the effect that “the scope of wages included in the minimum wage of drivers in taxi transport business is the wages prescribed by Presidential Decree, excluding the wages calculated on the basis of the output.” The instant provision was enforced from July 1, 2010 for the area of Suwon City.
C. The main contents of the wage agreement that the Defendant entered into with the Defendant Trade Union are as follows.
1) The Wage Agreement on November 14, 2014 (hereinafter “the Wage Agreement of 2014”): Two hours per day, twenty-six-six-six-six-six-six-six-six-six-day work hours, three-eight-eight-day work hours per day (two-day work hours in a salary class of less than one year, forty-eight-nine-day work hours per month), ten1-day work hours per month, the amount of wages shall be divided into basic salary, twenty-six-six-six-six-six-six-six-six-six-six-day work hours per day, the amount of continuous work hours in a salary of one-six-six-six-six-six-six-six-six-six-day work hours per month, the amount of wages shall be divided into salary of one-six-six-six-six-six-six-six-day work hours per month, the amount of salary of two-eight-day work hours per month, and the amount of salary of one-six-day work hours per month (two-day work hours per month);
(d) The statutory minimum wage under the Minimum Wage Act is KRW 4,860, from January 1, 2013 to December 31, 2013; KRW 5,210, from January 1, 2014 to December 31, 2014; KRW 5,580, from January 1, 2015 to December 31, 2015; and KRW 5,580, from January 31, 2015 to December 31, 2015; and from January 1, 2016 to December 31, 2016.