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(영문) 광주고등법원 (전주) 2021.01.14 2020나10249
임금
Text

The judgment of the first instance shall be modified as follows:

A. Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant, the selected party) and the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that is engaged in taxi transportation business in the following cities. The plaintiff et al. concluded a labor contract with the defendant and worked or worked as a taxi driver.

B. 1) The Plaintiff’s wages, etc. (i) paid a certain amount of income agreed upon by the labor and management (hereinafter “ taxi commission”) out of the transport income to the company, and (ii) made up of the transport income the remainder of “wages based on output” excluding the taxi commission to be paid to the Defendant. The Plaintiff, etc. entered into a wage agreement with the Defendant several times from 1999 to 2019 through the branch D D Branch (hereinafter “instant trade union”) in the following cases: (a) the wage agreement in 2005 among the instant transportation income was made; (b) the main contents of the wage agreement in 2005 are as follows.

Article 1 (Basic Policy)

2. Members of a cooperative shall pay to the whole company the revenue agreed between labor and management among the revenue from transportation by the meter, and implement the monthly pay system corresponding to the amount of receipt;

Article 3 (Types of Work) In principle, two teachers per day shall be appointed under a labor-management agreement, and one-day work (one day work, one day work) and one-day work shall be conducted under a labor-management agreement.

Article 4 (Work Hours) Labor hours shall be based on 7 hours a day, 20 minutes a week, and 44 hours a week, except for recess hours, and may be extended by up to 12 hours a week by an agreement between labor and management.

(1) A.m.: A.m.: B. 05: 00 to 14:00 (including one-hour hours per hour): 15:00 to 03:00 (including one-hour and 30-hours per hour) of drivers under Article 5 (Transport Revenues) of the A.m. shall deposit in the company the sum of 92:00 A.m. (92,000 won) of the transport earnings.

7 The wage system of drivers under Article 7 (Labor System) shall be divided into regular wages (basic wages, equivalents) and special allowances (amounts and penalties) and charges (amounts and other welfare benefits).

ARTICLE 8 (wages...)

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