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(영문) 인천지방법원 2018.11.16 2018구합51779
행정처분 취소
Text

1. The part of the claim for revocation of the imposition of an administrative fine in the instant lawsuit shall be dismissed.

2. The plaintiff's remainder.

Reasons

Details of the disposition

The Plaintiff is a company that runs the district passenger transport business with its head office in Kimpo-si, and the “C Trade Union A subdivision” and “D Trade Union Local Headquarters A subdivision” are established as a trade union of its employees.

On September 19, 2017, the Defendant sent to the Plaintiff, etc. the following public questions: “Information on Additional Matters Related to the Prohibition System Prior to Transportation Costs”:

Pursuant to Article 12 of the Act on the Development of Taxi Transportation Business, the prohibition of the transfer of transportation costs will be implemented as of October 1, 2017, and therefore, it is time to reach a full time so that the system can be implemented as of October 1, 201 by reflecting the additional attention, such as the introduction of the system.

- (Basic Directions) Working conditions, such as the standard amount of transportation revenues, are determined by autonomous consultation between workers and employers, but their contents cannot be in violation of the relevant laws and regulations. - (Voluntary use of oil) setting the standards for unused oil and refunding the unused oil is premised on the prior burden of workers, and thus, constitutes a violation of the preceding prohibition: Provided, That the adjustment of the standard amount of transportation revenues is to respect autonomy as agreed matters between labor and management, but the competent authority examines whether the prior prohibition of transportation costs is violated according to actual facts. - The labor and management needs to refrain from raising the standard amount of transportation revenues on the premise of excessive use of oil, compared to the ordinary amount of oil used

On November 1, 2017, the Plaintiff publicly announced that the daily taxi transport income will be raised from the previous 141,700 to the 200,000 won, and that the transport income will be finally determined and applied retroactively by mutual agreement between the labor and management in the future.

After November 21, 2017, the average daily amount of fuel usage between the CF AF and the CFA. 53.

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