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(영문) 창원지방법원통영지원 2014.08.21 2013가합2371
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 defendant company as the parties is a corporation with the objective of passenger transport business, and the plaintiffs are taxi drivers who were employed by the defendant company and work or work for the defendant company.

(b) A transport business operator prescribed by Presidential Decree pursuant to Article 21 (1) of the Passenger Transport Service Act, such as related Acts and subordinate statutes, shall collect all rates or fares (hereinafter referred to as "transport gains") which a person who meets requirements for engaging in driving service under Article 24 and engages in driving service of passenger transport business (hereinafter referred to as "transport employee") receives from a user from the transport employee;

(2) Any transport employee of a transport business operator referred to in Article 21 (1) shall pay transport gains in full to the transport business operator.

Article 6 of the Minimum Wage Act (Effect of Minimum Wage) (1) An employer shall provide the workers to whom the minimum wage is applied with wages exceeding the minimum wage amount.

(2) No employer may lower the previous wage level on the ground of the minimum wage determined under this Act.

(3) The portion determined as wages below the minimum wage amount in an employment contract between the workers and the employer to whom the minimum wage applies shall be null and void, and in this case, null and void portion shall be deemed to have been paid the same wage as the minimum wage amount as

(4) The wages falling under any of the following subparagraphs shall not be included in the wages referred to in paragraphs (1) and (3):

1. Wages, other than those paid periodically at least once a month, which are prescribed by the Minister of Employment and Labor;

2. Wages, other than those paid for contractual working hours or contractual working days under Article 2 (1) 7 of the Labor Standards Act, which are determined by the Minister of Employment and Labor;

3. Other wages deemed inappropriate to be included in the minimum wage amount.

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