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(영문) 광주지방법원 2020.12.03 2020구합10371
경고처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

A. In the filling station, the taxi driver pays the fuel cost as part of the transport revenues on the day, and the charging station keeps the oil in custody, and deposits the Plaintiff’s account into the Plaintiffs. The Plaintiffs pay the entire amount of gas filling by using the fuel subsidy settlement card to the filling station each month.

C. On November 22, 2019, the Defendant issued a warning disposition pursuant to Articles 12 and 18 of the former Act on the Development of Taxi Industry (hereinafter “instant disposition”) on the ground that the Plaintiffs transferred oil expenses to taxi drivers in violation of Article 12(1)2 of the former Act.

On the other hand, the wage agreement that the Plaintiff Limited Company A signed with its employees on October 1, 2017 includes the following contents:

Article 1 (Basic Operating Policy) Transport revenues per working day shall, in principle, pay to the company the remainder of the direct payment by the person working on board at the charging station for gas filling (LPG) fuel for business purposes at the time of termination of the service.

* A gas filling receipt shall be submitted to the Company.

2. The wage system shall determine the standard transport earnings (87,00 won) and pay wages according to the Schedule of Wage Calculation in Schedule as the wage system by working days so as to be the wages corresponding to the standard transport earnings.

3. An excess amount of transport income, excluding fuel cost and standard amount, shall be paid in addition to the daily living subsidy of the person on board;

*Provided, That at the time of the occurrence of changes in the taxi fares, taxi fares, and other changes. The basic pay and allowances of Article 8 (Basic Payments and Allowances) shall be paid by creating a standard wage table corresponding to the transport earnings base amount. The fourth insurance shall bear and pay 4.5% from the company and 4.5% from the worker. The living subsidies of Article 10 (Life Subsidies) (1) shall be paid separately from the total amount of the taxi fares, the remainder after deducting the gas fuel costs and the standard amount from the total amount of the transport income on board. The living subsidies (2) shall be paid separately from the total amount of the remainder after deducting the gas fuel costs and the standard amount from the total amount of the transport income on board.

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