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(영문) 서울남부지방법원 2012.10.26 2012노1082
근로기준법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 50,000.

The above fine shall not be paid by the defendant.

Reasons

1. According to the relevant laws and the evidence duly admitted and investigated by the lower court, the following facts are recognized:

A. (i) The previous taxi commission scheme and the total amount management scheme (i.e., the taxi company has received a certain amount of taxi commission from a taxi engineer, and the excess taxi commission scheme has been implemented by a taxi engineer.

Under the taxi commission scheme, there has been an incentive to increase the transportation revenue due to the difference in the individual's revenue according to the transportation revenue, and the act of unreasonably operating such as refusal of boarding, scam driving, alk-si, and so on has been widespread. In addition, it has been pointed out that the taxi company's significant decrease in the amount exceeding the taxi commission out of the sales revenue or the transportation revenue has resulted in a problem that can avoid the burden such as corporate tax and insurance premium.

Belgium, the former Passenger Transport Service Act (amended by Act No. 8511 of July 13, 2007) was repealed on June 14, 1998, and the former Passenger Transport Service Act was enacted and implemented, the taxi company has introduced the so-called total management system that allows the taxi engineer to receive full payment of fare or charge (hereinafter referred to as the "transport revenue") received from passengers, and is maintained in the current Passenger Transport Service Act.

Then, the full-time management system was introduced to prevent the above abolition of the taxi commission scheme and improve the treatment of taxi engineers, improve the quality of taxi services, and convert the monthly salary system of taxi drivers. However, in reality, due to the non- cooperation of a large number of taxi drivers who wish to receive cash every day and the taxi companies that are likely to cause a decrease in income, the full-time management system is being implemented only for a large number of companies so far, and most of the taxi companies are implementing the taxi commission system in substance the same as the previous taxi companies.

B. (i) The Defendant is a taxi company.

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