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(영문) 대전지방법원 2021.02.04 2019가단115539
임금
Text

1. The Defendant (Counterclaim Plaintiff) indicated in the “Plaintiff” column for the attached sheet No. 1 attached hereto to each Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Defendant is a company that runs a general taxi transport business under the Passenger Transport Service Act, and the minimum wage law applicable place of business.

2) The Plaintiffs are current or former workers who drive a taxi owned by the Defendant.

B. The Defendant’s wage payment scheme: (a) the Defendant paid the amount of daily transport earnings on the basis of the daily transport earnings (the so-called “ taxi commission”; hereinafter the same shall apply) to the Defendant; (b) the Defendant received basic pay and various allowances; and (c) the Defendant received the transport earnings exceeding the existing transport earnings (hereinafter “excess transport earnings”) as the fixed taxi commission scheme, a method for which the Plaintiffs hold.

(c)

(1) The main contents of the wage agreement are or have been subscribed to by the Plaintiffs.

The main contents of the wage agreement in 2009 entered into between F (hereinafter referred to as the "F union") and the G union to which the defendant joined (hereinafter referred to as the "G union") are as follows:

[Basic Policy] Article 1 (Basic Policy) of the Wage Agreement (Effective Date: July 1, 2009 to June 30, 2010) between labor and management parties shall operate a monthly wage system corresponding to the total amount of transportation and other revenues by taxi meters, and shall operate a monthly wage system corresponding to the amount of receipt.

Article 2 (Scope and Coverage) This Agreement shall apply to H chapters in Daejeon Metropolitan City and F-affiliated members.

Article 3 (Types of Work) 1) In principle, two teaching systems per day shall be conducted.

2) Any change may be made through consultation between labor and management.

Article 4 (Work Hours) Work Hours shall be 6 hours a day to 2: 40 minutes a day, 40 minutes a week, and 40 hours a week.

2) The duration of allocation is ten hours including meal and rest hours (three hours and twenty minutes), and the duration of meal and rest hours shall be freely used.

Article 6 (Number of Days of Work) The monthly work of drivers shall be 26:00 p.m. on one day to 26:0 p.m., but if a person has worked for a prescribed number of days of work by the work on board an order, he/she shall be recognized as a full attendance

Article 7 (Labor System) The wage system of drivers is as follows:

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