The scope of wages for taxi workers in the performance grade system;

If a taxi driver for business has embezzled the total amount of taxi transport income without paying the remainder other than the fixed amount even though he/she has a duty to deposit it to the transportation company, he/she shall not be deemed to have paid the remainder to the transportation company as wages. Therefore, the remainder shall not be included in the total amount of wages, which is the basis for calculating the average wage.

Article 3 (2) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 4826 of Dec. 22, 1994) (see current Article 4 subparagraph 2 of the Act), Article 18 of the Labor Standards Act

Supreme Court Decision 87Meu570 Decided March 22, 198 (Gong1988, 673) Supreme Court Decision 91Da36192 Decided December 24, 1993 (Gong1994Sang, 494) Decided May 14, 1996 (Gong196Ha, 1837)

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 95Gu10695 delivered on October 19, 1995

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

On the first ground for appeal

According to the reasoning of the judgment below, the court below rejected the amount of monthly average wages calculated on October 26, 1992 (the defendant's act was viewed as the defendant's act) from 10th of May 1, 1995 to 13th of April 14 of the same year, based on which the plaintiff was employed as an operator's work as non-party 1 corporation (hereinafter "non-party 4-5") company located in Incheon, due to occupational accidents, such as 4-5st of February 3, 1994. The plaintiff's act was suspended due to the amendment of the Industrial Accident Compensation Insurance Act by Act No. 4826 of December 22, 1994. The court below rejected the amount of monthly average wages from 190 to 20th of April 13th of the same year, based on which the plaintiff's average wages were charged to the non-party 1, who was employed as an operator's driver's employee, and the remaining amount of daily average wages from 1984th of the plaintiff's.

In light of the records, the above fact-finding and decision of the court below shall be justified, and there is no violation of law of misconception of facts due to violation of the rules of evidence.

On the second ground for appeal

Despite the Plaintiff’s duty to deposit the full amount of taxi transport income to the preferred transport, if the Plaintiff embezzled it without paying the remainder other than the fixed amount, then it cannot be said that the preferred transport paid the remainder to the Plaintiff as wages. Therefore, the remainder cannot be included in the total amount of wages, which is the basis for calculating the average wage.

The judgment of the court below to the same purport is correct, and there is no error in the misapprehension of legal principles as to wages. This is without merit.

Therefore, the appeal is dismissed, and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)