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(영문) 서울고등법원 2021.01.29 2019나2033430
임금
Text

1. On the plaintiff (Counterclaim defendant) among the judgment of the court of first instance, including a claim that changed the court after remanding.

Reasons

Ⅰ. Progress of basic facts and matters

1. The principal lawsuit and the ancillary counterclaim shall also be deemed to exist;

A. On January 31, 2015, Plaintiff 1 E, the date of Plaintiff 1’s retirement from the position of the parties, and U.S. 3 X on December 31, 2014, on March 31, 2013, the Defendant was a company running the taxi passenger vehicle transport business in Suwon-si, on April 30, 2013, and the Defendant was a worker who entered into an employment contract with the Defendant and retired from the office on each of the retirement days indicated below.

B. In 2010, the Plaintiffs (i) worked in the 2010-day large-scale manner, and paid only the minimum standard transport income of a certain amount (hereinafter “ taxi commission”) out of the transport income to the Defendant, and held their remainder of the transport income (hereinafter “excess transport income”) and received wages in the so-called fixed taxi commission scheme, which is the method of receiving a fixed wage from the Defendant.

2) On June 29, 2010, D organizations concluded a wage agreement with the branch office in Suwon-si, the sports union branch office in B (hereinafter “the wage agreement in 2010”), and the branch office C of the sports union branch office in B composed of the Defendant and the Defendant’s employees (hereinafter “instant trade union”) were employed as an organization agreement and wage agreement applicable to the Defendant’s workplace.

Article 4 (Work Hours) of the Wage Agreement of 2010 shall be based on six hours a day, forty minutes a week, and forty hours a week, excluding hours of recess, and the monthly prescribed hours shall be the hours referred to in Article 9, paragraph 1 of this Agreement, and may be extended within the limit of two hours a day by a labor-management agreement.

Part 5 (Standard Transport Revenues) Workers of 90,000 Won / 90,000 p.m. / 90,000 p.m. / 250,000 p.m. / Workers of 2,000 p.m. from the base transport revenues as of the 1st day of transport revenues as of the 1-day basis, shall pay the transport revenues in accordance with the following table, and shall

Article 6 (Number of Days of Work) The total number of days of work divided shall be 25 days.

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