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. The Defendant is a company operating a taxi transport business, etc., and the Plaintiff provided labor to the Defendant as a taxi driver from May 14, 2015 to July 5, 2016.

B. The Defendant provided the Plaintiff with good faith allowance, work on board allowance, and work on board allowance for operation (hereinafter “each of the instant allowances”), and calculated night work allowance without including it in ordinary wages, and paid night work allowance accordingly.

Meanwhile, when calculating night work allowances by including each of the instant allowances paid by the Defendant to the Plaintiff in ordinary wages, the details of night work allowances unpaid from June 2015 to December 2015 are totaled 493,929 won as shown in the attached Table.

C. On March 12, 2014, the Defendant’s ordinary wage, regardless of the contents of the ordinary wage judgment, is the basic salary and continuous service allowance as shown below, regardless of the contents of the labor-management agreement between the Plaintiff and the labor union to which the Plaintiff belongs.

2. In principle, allowances for good faith, allowances for work on board, and allowances for learning shall not be included in ordinary wages, and in principle, only those allowances shall be paid to workers for at least 20 days a month.

Provided, That where a person for less than 20 days is deemed to have violated the minimum wage when he/she fails to pay each allowance, the defendant may, at his/her discretion, pay the said allowance in proportion to the number of days.

was concluded.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff’s ordinary wage should be calculated, including each of the instant allowances. The Defendant calculated ordinary wage except each of the instant allowances, and paid night work allowances based on this. As such, the Plaintiff is obligated to pay the Plaintiff the unpaid night work allowance of KRW 493,929 from June 2015 to December 2015, and damages for delay.

B. The defendant's assertion.