1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Defendant (hereinafter “Defendant Company”) is a company engaged in taxi transport business, and the Plaintiff is a person who worked for Defendant Company as a taxi engineer from August 17, 2009 to January 31, 2016 under a labor contract concluded with Defendant Company.

B. Around October 30, 2009, the Defendant Company entered into an organization agreement and wage agreement with the branch of C Trade Union D (hereinafter “instant Trade Union”) to which the Plaintiff was a member of the Plaintiff on eight hours a day, etc. Around January 201, the Defendant Company entered into an organization agreement and wage agreement (hereinafter “instant agreement, etc.”) with which the hours of labor are eight hours a day. Around January 20, 201, the Defendant Company entered into an organization agreement and wage agreement with the hours of labor and the instant union as four hours a day (hereinafter “instant agreement, etc.”).

(c)

On January 23, 2014, 2014, taxi drivers of the Defendant Company including the Plaintiff were working for the Defendant Company as a representative of 12 hours per day (4 hours per day) without the reduction of working hours in the instant agreement, etc., although the Defendant and the instant union set the working hours for the Defendant Company at 4 hours per day against the Defendant Company. However, taxi drivers still worked for 12 hours per day (4 hours per day) without the reduction of working hours.

From July 1, 2010, as the minimum wage law applies to the taxi industry, the wage paid by the defendant company falls short of the standard amount under the minimum wage law, the agreement on the reduction of the prescribed working hours is null and void. As such, the defendant company filed a lawsuit seeking payment of wages, etc. (hereinafter “the previous lawsuit of this case”) by asserting that: (a) reasonable wage and night work allowance calculated on the basis of eight hours of actual working hours; and (b) retirement allowance calculated by applying such wage and retirement allowance; and (c) the difference should be paid if there is wage and retirement allowance already paid; and (d) claiming payment of wages, etc.

(d)

On August 20, 2015, the Suwon District Court rendered a judgment dismissing the claims of the taxi engineers of the defendant company including the plaintiff.

The plaintiff appealed against the above judgment.