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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
The plaintiff on the summary of the case and the procedure argues that the defendant company entered into a collective agreement in violation of the Minimum Wage Act and paid wages and retirement allowances based on such agreement, thereby causing damages to the plaintiff as stated in the purport of the claim.
On this issue, the defendant asserts that the extinctive prescription has expired in the preliminary case while disputing the establishment of tort alleged by the plaintiff.
The summary court of the procedure led to the following judgment as to whether the defendant company's act of paying wages below the minimum wage based on the contractual work hours under the collective agreement constitutes a tort, and whether the defendant company's intention or negligence was committed on the basis of the issues of this case, namely, the overall purport of the argument by the plaintiff and the defendant, while conducting three days of pleading.
The facts acknowledged by the court concerning the issue of determination on the issue were that there is no dispute over the issue, or that the Plaintiff provided labor to the Plaintiff and the Plaintiff entered into the instant agreement, etc., from July 23, 2006 to June 30, 2014, provided labor at the Defendant Company as a taxi engineer.
On October 30, 2009, the Defendant Company entered into a collective agreement and wage agreement with the CUnion B (hereinafter “Trade Union”) to which the Plaintiff was a member of the Plaintiff on the basis of eight hours a day, etc. (hereinafter “instant agreement, etc.”), but entered into a collective agreement and wage agreement with a trade union on January 20, 201 with a working hours at least four hours a day.
Despite these agreements, taxi drivers belonging to the defendant company including the plaintiff were provided with eight-hour labor per day as before without reducing working hours.
On the other hand, the plaintiff in the wage lawsuit filed by the taxi articles working in the defendant company, including the plaintiff, also the plaintiff in the wage lawsuit filed.