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(영문) 전주지방법원군산지원 2016.07.01 2015가단10689
부당이득금
Text

1. The plaintiff (Counterclaim defendant, the appointed party)'s main claim is dismissed.

2. The Selected C is 5,100.

Reasons

1. The wage agreement of the year 2015, which was recognized;

1. The basic policy operator shall apply the daily subscription amount system agreed between the company and the trade union after one day of service;

3. Type of employment;

(c) The daily working hours shall be 5.8 hours.

During 24 hours a day, he/she shall freely choose working hours according to his/her working conditions, and shall not recognize any extension work and night work of any nature.

F. Since the work of taxi business places is a type of business (on the road tour, making customers fit), it is difficult to measure whether to work in excess or not, as well as the hours other than those determined by free choice of working hours during 24 hours a day, regardless of whether to work in excess or not, shall be the hours of the relevant worker and shall not be recognized as overtime hours.

4. Number of working days;

(a) work in the form of a day off service after five-day work according to the implementation of a vice-system for taxi in Gunsan-si;

(b) 52 days a year out of the day off which occurred after five days of work are recognized as weekly holidays, and the number of days during which the taxi commission was not paid on the other day shall be unpaid.

5. Transportation income amount.

(a) An operator who operates one vehicle per person shall be KRW 95,000 per day taxi commission.

B. The daily taxi commission per day for a driver who works alternately for two persons shall be 85,00 won per day taxi commission per driver, respectively.

6. The wage system for drivers of the wage system shall be as follows:

-Methods: Minimum wage unit price publicly notified x daily labor standard hours (5.8 hours) x number of working days;

7. Other matters.

A. The term of validity of this Convention is from January 1, 2015 to December 31, 2015.

On November 27, 2014, the Defendant entered into a wage agreement in 2015 with the labor union to which the Defendant belongs (hereinafter “the first wage agreement”) and the main contents are as follows:

On the other hand, Article 21 (4) of the collective agreement between the defendant and the labor union to which the defendant belongs can be offset against the amount that is paid by the company.

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