1. Of the judgment of the first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the following amount ordered to be paid.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company running the taxi transport business, which is subject to the Minimum Wage Act.

On January 14, 2012, the Plaintiff entered into an employment contract with the Defendant and served as a shooting-day driver under the Defendant’s control, and the period during which the Plaintiff did not actually work is January 2013, March 2014 through June 2014, September 2014 and February 2016.

B. Workers employed by the Defendant, including the Plaintiff, received monthly basic pay and various allowances from the Defendant, and received wages in the form of the so-called fixed taxi commission scheme, in which the Defendant paid a certain amount of taxi commission in advance and the remainder of transport earnings except the taxi commission (hereinafter “excess taxi earnings”).

C. Meanwhile, with the enforcement of Article 6(5) of the Minimum Wage Act (amended by Act No. 8964, Mar. 21, 2008) on July 1, 2010, the “wages based on output” was excluded from the scope of wages included in the minimum wage.

(hereinafter referred to as the “Special Provision”) D.

Accordingly, on July 1, 2010, the Defendant and the employees belonging to the Defendant entered into a wage agreement (hereinafter “previous wage agreement”) and the main contents thereof are as follows.

Article 4 (Working Hours) 10 hours a day and 164 hours a month shall be the contractual working hours.

Article 7 (Number of Days of Service) The number of monthly working days shall be 13 days in the case of one school per day.

Provided, That if two months are 28 days, 12 days shall be extended.

Article 5 (Transport Revenues) Workers shall pay without fail the following standard transport revenues, and shall be deducted from the benefits in cases of deficiencies:

The wages of the driver under Section 8 (1) of the Standard Transport Income of KRW 175,000 per day shall be classified into the basic salary, the allowances for night work (day leave allowances, night work allowances, production allowances, and full attendance allowances), and the bonus, and the details of wage calculation shall be as specified in the wage table.

(2)The ordinary wages shall be fixed as base wages, weekly leave allowances and production allowances.