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(영문) 대구지방법원 2017.08.10 2015가단110314
임금
Text

1. The Defendant’s KRW 218,091 as well as the Plaintiff’s annual rate from June 3, 2017 to August 10, 2017, and the following.

Reasons

1. Facts that no dispute exists;

A. The Defendant is a corporation that runs the taxi passenger transport business, and the Plaintiff joined the Defendant Company before February 2012.

B. Through the collective agreement, wage agreement, etc. applicable to the Defendant’s workplace, labor and management agreed on September 23, 2009 to pay 40% of the reduced or exempted portion of value-added tax (42,000 won) other than the reduced or exempted portion of value-added tax (50%) already paid on September 23, 2009, including the wage. In addition, from June 1, 2013, the labor and management agreed to pay 120,000 won for the reduced or exempted portion of value-added tax (120,000 won) including the wage from that time to that time.

다. 피고의 2011년도 단체협약 및 임금협정서 제16조에서 근로시간을 “1일 6⅔시간, 1주일 40시간을 기준으로 한다.”고 규정하고 있었는데, 2013. 5. 23. 2011년도 단체협약 및 임금협정서를 변경하는 노사합의를 하면서 2013. 6. 1.부터는 소정 근로시간을 1일 6시간으로 변경하였다. 라.

The minimum wage determined and announced by the Minister of Labor pursuant to the Minimum Wage Act is 4,580 won in 2012, 4,860 won in 2013, 5,210 won in 2014, and 5,580 won in 2015.

E. The Plaintiff received wages in the form of a monthly wage and worked as a full-time employee (one-time employee primary system).

G. “The wage standard table for driving engineer” applicable to the Plaintiff is as specified in attached Tables 2 and 3 before June 1, 2013, and is as specified in attached Tables 4 and 5 after June 1, 2013.

H. The Plaintiff’s monthly number of working days, basic salary (including weekly leave allowances), continuous service allowances, working allowances, bonuses, minimum wage preservation, and good faith allowances are as stated in the corresponding column of attached Table 1.

2. Article 6(5) of the Minimum Wage Act and Article 5-2 of the Enforcement Decree of the same Act provide that “The scope of wages included in the minimum wage of drivers in taxi transport business shall be limited to collective agreements, rules of employment, and labor contracts with the exception of “wages based on the output”.

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