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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is as follows: (a) the Defendant’s transportation company introduced the fixed taxi commission scheme; and (b) the balance obtained by deducting a certain amount of taxi commission (daily 65,000) paid to the taxi drivers from daily taxi commission (daily 65,000) shall be deemed as income of the driver by paying to the driver; (c) thus, the amount equivalent to daily wage 20,300 shall be deemed as guaranteeing a certain amount of wages by the company already paid to the
Judgment
In the event that the company pays the remainder after deducting a certain amount of taxi commission to be paid to the company out of daily transport earnings in the company, to the driver, thereby allowing the driver to become the individual's income, the excess amount of taxi commission is deemed to have paid for the work, so it can also be deemed to constitute wages.
However, due to the characteristics of the taxi commission scheme, the occurrence and scale of an individual driver’s income, excluding taxi commissions, out of daily transport earnings, depends solely on the individual capacity and effort of the driver. Therefore, in cases where the income on the same day falls short of the taxi commission, taxi drivers are liable for compensating for taxi commission unless there are exceptions to guaranteeing a certain amount of income on the same day, and thus, they cannot be guaranteed a certain amount of wages in proportion to working hours.
In the instant case, even if examining the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant guaranteed at least the above daily wage of KRW 20,300 during the period in which he/she had employed E as a taxi driver at the time of the instant case.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.