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(영문) 부산지방법원 2015.12.31 2013가합47777
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendants are companies engaged in the taxi transport business, etc., and the Plaintiff

1. A through the plaintiff;

3. C: Defendant Southern Transport Co., Ltd.; Plaintiff

4. D through Plaintiff

6. F is against Defendant Busan taxi Co., Ltd., the Plaintiff

7. G through Plaintiff 18. R is serving as Defendant U.S. Transport Co., Ltd., Plaintiff 19. S through Plaintiff 23 as Defendant South Korea Transportation Co., Ltd., Plaintiff X through Plaintiff 44 as Defendant South Korea Transportation Co., Ltd., Plaintiff AS and Plaintiff AT were employed as a taxi engineer, and then retired or currently serving as a taxi engineer.

B. The Defendants paid wages to the Plaintiffs pursuant to each collective agreement and wage agreement concluded in 2005, 2008, 2010, and 2013 between the Busan taxi transport business association and the Busan Regional Headquarters of the Korea Taxi Industry Workers’ Union.

C. According to the above collective agreement and wage agreement, basic pay is calculated on the basis of contractual work hours. While entering into a collective agreement in 2005 with a taxi transportation business association, the Busan Metropolitan City and the Busan Regional Headquarters of the National taxi Industry Workers' Union determined 8 hours and 40 minutes including 1 hour and 40 minutes in the case of the first person, 8 hours and 20 minutes in the case of the first person, including 1 hour and 40 minutes in the case of the second person, 7 hours and 40 minutes in the case of the second person, including 6 hours and 40 minutes in the day and 40 minutes in the case of overtime work, however, the contractual work hours were reduced when entering into each collective agreement in 208 and 2013 thereafter.

The first two persons in the collective agreement for the first time, 6 hours and 40 minutes and 1 hours and 40 minutes and 6 hours and 40 minutes and 40 minutes (20 hours a month) in 205 and 20 minutes (170 hours a month) in the collective agreement for the year 2008 (160 hours a month) in 208 and 5 hours and 20 minutes (140 hours a month) in 20 minutes (130 hours a month) in the collective agreement for the year 2013.

D. Meanwhile, in the case of taxi workers, the wages based on the output, such as excess earnings, excluding taxi commissions, are included in the minimum wage, thereby the basic pay is below the minimum wage.

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