1. The defendant's appeal and the claim for return of provisional payment are all dismissed.

2.The cost of application for the return of provisional payments shall include the cost of application.

1. Basic facts

A. The Defendant was employed by the Defendant and retired from office as a general taxi driver, who is subject to the minimum wage application by a company running a general taxi transportation business as prescribed by the Passenger Transport Service Act.

B. At the time of serving as a taxi engineer belonging to the Defendant, the Plaintiffs paid a certain amount of money to the Defendant from daily transportation income generated from taxi operation and acquired the remainder of transportation income (hereinafter “excess transportation income”).

On or before the fifth day of the following month, the Defendant paid to the Plaintiffs a monthly wage after deducting the total daily standard transport earnings (=40,000 won per day base transport earnings, night work 42,00 won x the number of days of work in the preceding month) from the total amount paid in the preceding month from the Plaintiffs.

C. On October 1, 2014, the C organization composed of the taxi engineers belonging to the Defendant, including the Plaintiffs, entered into the wage agreement with the Defendant as follows (hereinafter “instant wage agreement”). On the same day, the Plaintiffs entered into an employment contract with the Defendant and entered into the following agreements (hereinafter “instant agreement”).

According to the implementation of the minimum wage system in accordance with the government policy in 2014 of the wage agreement Article 1 (Basic Policy), both the defendant and the standing union have maintained the principle of full-scale management for the cases of wage negotiations, but as a result of negotiations at the request of workers' representatives and all the articles, there is no objection to civil or criminal charges on the ground of future wages.

Article 2. The daily income excluding the daily income due to the characteristics of the transportation company shall be regarded as the comprehensive wage.

In order to apply the minimum wage system by taking a part of the earnings into the comprehensive wage of the article, the defendant and both parties to the case recognize the payment of a certain amount of the performance-based bonus system under mutual agreement, although the total amount of the revenue is to be deposited.