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1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
Reasons
Basic Facts
The reasoning for this part of this Court is that it is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is cited by the main text of Article 420 of the Civil Procedure
The nature of Article 6(1) of the Minimum Wage Act of this case provides that "an employer shall pay an employee to whom the minimum wage is applied with wages exceeding the minimum wage amount," Article 6(3) of the same Act provides that "any portion of the labor contract between the employee to whom the minimum wage is applied and the employer shall be null and void. In such cases, the invalidated portion shall be deemed to have been paid the same wage as the minimum wage prescribed by this Act," and Article 6(5) of the same Act provides that "the scope of wages included in the minimum wage of the employee engaged in driving service in the taxi transport business shall be prescribed by Presidential Decree except the wage calculated on the basis of the output." The minimum wage system is a mandatory provision.
Therefore, the defendant, who is the user of the taxi transport business, is obligated to pay the wages above the minimum wage amount stipulated in the above provision after the enforcement date of the above provision (the fixed wage for contractual working hours is above the minimum wage).
In light of the purport of the written consent of this case, the nature of the minimum wage system, the literal meaning of Paragraph 1 of the written consent of this case, and the developments leading up to the conclusion of the written consent of this case prior to the validity of the collective agreement in 2012, it is reasonable to view that the purport of the written consent of this case is not to allow the Defendant to not pay the minimum wage stipulated in the instant provision to the Plaintiff and the designated parties, but to postpone the payment of the minimum wage stipulated in the instant provision until the labor and management reflects the minimum wage stipulated in the instant provision.
not only.