1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant is a company that operates taxi transportation business, and the Plaintiff is a retired person on May 1, 2015 when working for the Defendant.

Article 21 (Matters to be Observed by Transport Business Operators) (1) of the former Passenger Transport Service Act (Amended by Act No. 13800, Jan. 19, 2016) (1) A transport business operator prescribed by Presidential Decree shall receive all charges or fares (hereinafter referred to as "transport gains") which a person who is engaged in driving service of passenger transport business after meeting the qualifications for engaging in driving service under Article 24 (hereinafter referred to as "transport employee") receives from a transport employee.

Article 26 (Matters to be Observed by Transport Employees) (2) Any transport employee of a transport business operator under Article 21 (1) shall pay transport gains in full to the transport business operator.

Article 6 of the Minimum Wage Act (Effect of Minimum Wage) (1) An employer shall provide the workers to whom the minimum wage is applied with wages exceeding the minimum wage amount.

(2) No employer may lower the previous wage level on the ground of the minimum wage determined under this Act.

(3) The portion determined as wages below the minimum wage amount in an employment contract between the workers and the employer to whom the minimum wage applies shall be null and void, and in this case, null and void portion shall be deemed to have been paid the same wage as the minimum wage amount as

(4) The wages falling under any of the following subparagraphs shall not be included in the wages referred to in paragraphs (1) and (3):

1. Wages, other than those paid periodically at least once a month, which are determined by the Minister of Employment and Labor;

3. Other wages deemed inappropriate by the Minister of Employment and Labor to be included in the minimum wage.