1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after the appeal.

purport, purport, and.

1. The Plaintiff’s assertion made payment to the Defendant of wages up to July 201, as calculated in accordance with the wage agreement in 2008. However, according to the agreement around August 2010, the content of the wage agreement in 2011 applies retroactively from July 1, 2010, and the Defendant’s wages up to July 201, calculated in accordance with the wage agreement in 2011 fall short of the amount already paid by the Plaintiff. As such, the Defendant was obligated to pay the difference to the Plaintiff, on the ground that the difference was paid in excess.

In addition, the amount of taxi commission that the Defendant is obligated to pay to the Plaintiff under the wage agreement in 2011 increased by KRW 4,000 per day, and the contents of the wage agreement in 2011 were applied retroactively from July 1, 2010 according to the agreement around August 2010. Thus, the Defendant is obligated to pay to the Plaintiff an amount calculated by multiplying the actual number of working days from July 1, 201 to July 31, 201 by the amount of KRW 4,00 per day of taxi commission.

2. Facts of recognition;

A. In the Jeonju-si, the Plaintiff, who is running a general taxi passenger transport business, has had its taxi drivers pay a certain amount of the daily total transport income to the Plaintiff, and the remainder of the transport income other than this (hereinafter “excess transport income”) operated the so-called taxi commission scheme, which is the method of taxi drivers’ income.

Plaintiff

According to the wage agreement of 2008 concluded on October 24, 2008 with a labor union organized as taxi drivers belonging to the Plaintiff (hereinafter “instant labor union”), contractual work hours are “6 hours and 40 hours per day, 40 hours per week, 73,000 won per day, or 77,000 won per day, or 95,000 won for the first day, or 97,000 won for the first day.”

B. Meanwhile, Article 6(5) of the Minimum Wage Act newly established on December 27, 2007 (hereinafter “instant provision”) limits the scope of the wages included in the minimum wage of taxi drivers to the wages “other than the wages calculated on the basis of the output” to the wages of taxi drivers.