logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.02.03 2016나1377
임금 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Defendant is a company with the purpose of the taxi transport business, etc., and the Plaintiff A is a person who entered into an employment contract with the Defendant from December 7, 2010, and the Plaintiff B from August 1, 2012.

B. In the wage agreement in 2011 and 2014 that apply between the Defendant and the Defendant trade union, “working hours shall be six hours to forty minutes a day, and forty hours a week to forty hours a week. However, the daily average working hours shall be ten hours a day to ten hours a.m., and the hours (three hours and twenty minutes a.m.) calculated by subtracting six hours and forty minutes a.m. per day to six hours and forty minutes a.m. shall be the rest hours, and the number of hours a.m. shall be free to use (Article 4(1)); the number of working days a.m. shall be twenty six days a.m. (24 to twenty-five days in case of February) (Article 5); the basic pay shall be calculated based on six hours and forty minutes a.m. per day to six hours a.m. (Article 14); and the basic pay shall be calculated based on the ordinary wage in the month and twenty-five hours a.m.’s ordinary wage in the month.

C. The Plaintiffs received basic pay, continuous service allowances, work allowances, and bonuses from the Defendant as shown in the attached Tables 1 and 2.

The minimum wage in 201 determined and announced by the Minister of Labor in accordance with the Minimum Wage Act is 4,320 won at the City level, 4,580 won at the City level in 2012, 4,860 won at the City level in 2013, and 5,210 won at the City level in 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 to 3, purport of the whole pleadings

2. Judgment on the amount below the minimum wage

A. 1) The Plaintiffs asserted that the Defendant is obligated to pay the difference to the Plaintiffs, on the grounds that the wages, such as basic pay, continuous service allowance, work allowances, and bonus, which were paid by the Defendant pursuant to the wage agreement from January 201 to December 2014 fall short of the statutory minimum wage calculated on the basis of the prescribed working hours of 203 hours per month, and that the Defendant is obliged to pay the difference. 2) Accordingly, the Defendant is obliged to pay the difference from the above prescribed working hours.

arrow