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(영문) 서울고등법원 2012.09.05 2011누45346
노동쟁의중재재정재심결정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the defendant’s participation is the defendant’s intervenor.

Reasons

1. The Plaintiff and the Intervenor filed an application for arbitration as to Article 9(2) of the Wage Convention and the wage calculation table, etc. with the former Southern Regional Labor Relations Commission, since March 29, 2010 through January 26, 201, when they conducted collective bargaining to renew a wage agreement several times and did not reach agreement.

At the time of the application, the Plaintiff opposed to the establishment of the Intervenor’s production allowance (value-added tax reduction portion) by asserting that the existing wage system (fixed wage = basic wage + continuous work allowance for night work) maintenance, raising the basic salary level of 4,320 won, and the addition of continuous service allowance according to the number of years of continuous service. On the other hand, the Intervenor newly established production allowance (value-added tax reduction portion) with the content of “2,00 won per day per day, 50,000 won per month, 50,000 won per month, and one-time payment per month,” and argued that the Intervenor’s current maintenance of basic salary level 4,110 won.

Therefore, Jeonnam Regional Labor Relations Commission maintained the basic level on May 20, 201, and refers to a worker engaged in driving service in a regular taxi transport business under the Passenger Transport Service Act under the Restriction of Special Taxation Act Article 106-7 of the Restriction of Special Taxation Act.

(hereinafter the same shall apply)

The purpose of Article 9(2) of the Wage Convention is to newly establish the name of production method (the value-added tax reduction portion) that pays 50,000 won per day (the 25th day service) once a month in full (the 25th day service) and include it in the fixed amount pay, and to which the fixed amount pay shall be composed of basic pay, night work allowances, continuous service allowances, and production allowances (the value-added tax reduction portion), and performance allowances shall be based on the performance rate for transportation income. The wage calculation table changes as shown in the attached Table of the wage calculation table (hereinafter referred to as the “instant arbitration award”).

In addition, on June 29, 2011, the National Labor Relations Commission dismissed the Plaintiff’s application for review on the instant arbitration award.

(hereinafter “instant decision on review”) recognition.

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