1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The parties are companies operating taxi transport business, etc., and the Plaintiff concluded a labor contract with the Defendant around September 12, 2012 and operated a taxi while serving as the Defendant’s transport employee from around that time to September 5, 2014.

B. The Defendant of the wage agreement and the Yangyang Transport Trade Union concluded each wage agreement as of March 24, 201 and November 28, 2013.

(hereinafter “The Wage Agreement of 2011” and “the Wage Agreement of 2013” in turn).

The minimum wage amount in 2012 determined and announced by the Minister of Labor pursuant to the Minimum Wage Act is 4,580 won in the city wage, the minimum wage in 2013 is 4,860 won in the city wage, and the minimum wage in 2014 is 5,210 won in the city wage.

The Plaintiff received benefits from the Defendant under the pretext of basic pay, work on board allowance, night allowance, good faith (Additional) or additional settlement of accounts, value-added tax, other allowances 1, continuous service allowance, bonus, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 9, Gap evidence 3-2, Eul evidence 9 and 10, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The parties’ assertion that the monthly minimum wage in 2012 is KRW 957,220, KRW 1,015,740, and the monthly minimum wage in 2014 is KRW 1,08,890, if the monthly minimum wage in 2012 is calculated for 209 hours. However, the wages amounting to the wages subject to the minimum wage in the Defendant’s payment are not only basic wages, and the basic wage that the Plaintiff received is KRW 515,00, KRW 650,00 in 20 in 2012 and KRW 80 in total, KRW 1,768,880 in 20 in 20, KRW 80 in 20 in 208, KRW 208 in 208 in 208, KRW 180 in 200 in 208, KRW 2081 in 203,810 in 2018 in 2015.