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(영문) 대전지방법원 2016.06.01 2014가합4471
임금
Text

1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant related to the parties is a company that operates a general taxi transport business under the Daejeon Metropolitan City Passenger Transport Service Act and is a business place subject to the Minimum Wage Act affiliated with the Daejeon Passenger Transport Business Association (hereinafter “Business Association”), and the Plaintiffs are those who entered into an employment contract with the Defendant and retired from office as a taxi engineer.

B. The Plaintiffs in the form of wages paid by the Plaintiffs: (a) to the Defendant for a daily amount of daily transport earnings (the so-called taxi commission) from the total daily transport earnings; and (b) to receive basic pay, allowances, and bonuses from the Defendant; and (c) to the Defendant for a transport income exceeding the daily transport earnings standard amount paid to the Defendant has received wages in the form of reverting to the Plaintiffs.

C. 1) The wage agreement applied between the defendant company and the employees at the time the plaintiffs entered the defendant company is as follows (hereinafter “the wage agreement of this case”).

(1) Article 3 (Types of Work) (1)(1)(1) of the Act provides two full-time working hours per day. Article 4 (1)(1) of the Act provides that working hours shall be five hours a day to twenty hours a day, five hours to twenty hours a day, and thirty-two hours a week to twenty hours a day. (2) The number of hours of overtime shall be ten hours including meals and rest hours (including four hours and forty minutes), and meals and rest hours shall be freely utilized. The monthly working hours of drivers provided for in Article 6 (Number of Days) shall be twenty-six (26) hours a day to twenty-six (26) hours a day, but the number of days of working on board shall be recognized as two-six (16) days a day to twenty-six (26) hours a day. The wage system of drivers provided for in Article 7 (Wages of Wages System) is as follows; the calculation of wages is as specified in attached Table (13) (Definition 160 hours a day to which basic salary is calculated as 160 hours a month including weekly leave.

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