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(영문) 대구지방법원 2012.07.11 2012나2710
퇴직금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

A. On October 24, 1998, the Plaintiff is the Defendant Company (hereinafter “Defendant Company”).

A) The Plaintiff was employed as a taxi engineer. According to the wage agreement applied at the time of the Plaintiff’s retirement (as of May 1, 2004, the wages of the taxi engineer belonging to the Defendant Company are as follows; the Defendant Company paid KRW 4,000 where the annual continuous service year exceeds two years, and the Defendant Company paid KRW 3,000 per year of the excessive continuous service year exceeds two years, and paid KRW 240,000 per year of the excessive service year and KRW 30,000 per bonus as bonus.

In addition, the transportation revenue that the taxi engineer should pay to the defendant company at the time of retirement of the plaintiff is KRW 78,00 per day.

Wage details amount calculated as wages 42,90 8 hours in 104 104 * 13-day weekly paid 14,356 8 hours in 14,356 38 hours in 14,356 8 hours in 48,269 6 hours in 117 * 13-day paid * 150 * 21,450 night work hours in 21,450 * 13-day paid 3,300 hours in 200 8 hours in 200

B. According to the revision of the Minimum Wage Act (Act No. 8818) on December 27, 2007, Article 6(5) provides that the scope of wages included in the minimum wage of ordinary taxi drivers shall be “wages prescribed by Presidential Decree, other than the wages calculated on the basis of the output” to the extent that the scope of wages included in the minimum wage of ordinary taxi drivers is “wages determined by Presidential Decree,” and thus, a regular taxi transportation business entity shall pay more than the minimum wage to taxi drivers, with the exception of excess taxi earnings. From July 1, 2010 to the Si unit including the Gu and Si, the Act was enforced.

With the enforcement of the revised Minimum Wage Act, fixed wage, average wage, and retirement allowance for taxi drivers have been significantly increased compared to the revised Minimum Wage Act.

C. The Plaintiff worked for 13 days in August 2010, 2010, 12 days in September 2010, 2010, 13 days in October 2010, 9 days in November 2010.

The plaintiff on November 24, 2010.

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