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(영문) 전주지방법원 2017.06.01 2016나6395
부당이득금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

Reasons

(c)recognizing two-hour night work with results;

(4) The rest of six hours a day during the hours of taxi service shall be meal and rest hours, and all drivers shall freely use the rest hours during the hours of taxi service.

3. The hours other than six hours a day in consideration of the characteristics of taxi operations shall not be recognized as overtime hours regardless of whether they are operated or not.

Article 5 (Number of Days of Labor)

1. They shall work in the form of a day off service after five days of service according to the implementation of a supplementary taxi system;

2. Five-day off working days, while fifty-two-day per annum on a weekly basis, which occurs after five-day working days;

4.The 31th day of the 12-month (1, 3, 4, 5, 8, 10, 12 December) per year is no duty to receive and manage transport earnings as a no-paid holiday agreed upon by the old and the old, and does not include them in the number of working days;

Article 6 (Labor System)

3. Wages shall be comprised of base wages, legal allowances, night work allowances, and piece rates based on transport earnings;

(1) Basic pay = Minimum wage unit price* Work hours per day* Number of working days per month. (2) Night work allowances = Payment by adding 50/100 to two hours worked for 22:00-24:00 hours a day during 6 hours a day. ③ Performance rates = (total transport income-transport cost)*70%

4. The period of absence from office, period of absence from office, period of suspension of driver's license, period of suspension of service on board due to a serious accident, etc. shall be calculated to work;

5. With respect to an operator who has deposited an amount below the monthly transportation cost calculated by an agreement of his labor or company, the amount less than the wages, retirement allowances, and other money and valuables paid by the company shall be deducted; and

Article 7 (Transport Revenues)

1. The full amount of transportation revenue shall be deposited on the day on which the service is completed pursuant to Article 4 (1) of the Guidelines for the Implementation of the Exclusive Amount Management System for Taxi Transport Income;

Article 8 (Performance Allowances)

3. The performance allowances to be paid every month shall be calculated as follows:

Performance allowances = (Total Transport Income - Cost of carriage) *70% 1 Total Transport Income is due to individual vehicle operation of the driver.

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