1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. Defendant (which was changed from the “Silve Unemployment Co., Ltd.” on October 29, 1992 to the “Blved Unemployment Co., Ltd.”) is a general taxi transport business entity, and the Plaintiff is a worker who worked for the Defendant from September 1, 2005 to December 31, 2012.

B. The amendment of the Act on the Regulation of Tax Reduction and Exemption on August 4, 1995 to improve the treatment and welfare of general taxi drivers is to reduce 50/100 of the amount of the value-added tax paid for general taxi transport business operators under the former Automobile Transport Business Act (amended by the Passenger Transport Business Act). The Ministry of Construction and Transportation and Seoul Special Metropolitan City provide administrative guidance to use the amount of the value-added tax reduced for general taxi transport business operators in compliance with the purpose of the amendment of the Act, and to execute the specific method of use autonomously through consultation between labor and management.

C. On March 16, 1999, the Defendant drafted a wage agreement between the Defendant’s labor union affiliated with the former National Housing Trade Union Federation and the Defendant’s labor union (hereinafter “instant wage agreement”).

According to the wage agreement of this case, although the fixed amount of benefits is increased by 5.2% compared to the present wage, it is difficult to find out how much the amount of value-added tax reduced is reflected.

After the above wage agreement, the Defendant and the Defendant’s labor union did not conclude the wage agreement again, and the instant wage agreement remains in force until now by the automatic renewal.

1) Article 1 (Basic Policy): The labor-management shall have all the proceeds from transportation by operation recording devices and all the proceeds from operation (hereinafter referred to as "transport proceeds").

(ii)Article 6 (Income System): The driver’s wage system is a fixed amount pay (basic pay system bonus), performance allowance and additional pay (retirement allowances and other welfare benefits). The driver’s wage system is a fixed amount allowance (basic pay system bonus), performance allowance and additional pay (retirement allowances).