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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was as follows: (a) around August 2007, the Defendant concluded an agreement with the representative of workers on the deposit of taxi commission scheme and went into effect on September 1, 2007; (b) pursuant to the above agreement, the employees deposited only 140,000 won (1.70,000 won per day) of taxi commission for 25-26 days per month to the company, and agreed that the employees would use annual leave or receive annual leave pay for the remaining working days (5-6 days per month) during which taxi commission was not paid; and (c) there was no annual leave allowance or annual leave pay for the worker; (d) even if the above agreement is null and void, the number of working days of the instant workers cannot be said to be less than the number of days of annual leave, and thus, the Defendant cannot be said to have a duty to pay annual leave pay for the Defendant with annual leave pay more than the number of days of annual leave, which affected the conclusion of the judgment by misapprehending the legal principles or affecting the judgment.
2. Determination
A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged.
(1) The Defendant is a user who engages in taxi transport business as the representative director of C Co., Ltd. (hereinafter “C”), and is employed by D, E, F, G, H, I, and J as a taxi engineer and retired from office in C.
(2) On April 13, 2007, C comprehensively succeeded to K Co., Ltd. (hereinafter “K”), and for K, a collective agreement was concluded on March 1, 2006. However, on August 27, 2007, upon receipt of the report of dissolution of the K Trade Union, C was dissolved, and C’s trade union was reported to be established around February 2010.
(3) From July 1, 2007, C implemented the taxi commission scheme only for workers who wish to obtain the taxi commission scheme from July 1, 2007, and prepared a letter of wage agreement to implement the taxi commission scheme through consultation with the promotion of the number of workers who want to obtain the taxi commission scheme around August 20 of the same year.