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(영문) 전주지방법원 2018.01.19 2016나7428
미납사납금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that is engaged in taxi transport business, etc. (the trade name was “limited company light transport,” and the trade name was changed as of March 23, 2015, regardless of whether it was before or after the mutual change; hereinafter “Plaintiff”). The Defendant is an employee employed by the Plaintiff as a taxi driver and is a worker employed by the Plaintiff and employed by the Defendant, who belongs to the branch of the regional headquarters in the Jeonbuk-si branch of the National taxi Industry Workers’ Union (hereinafter “instant trade union”).

B. The Plaintiff delegated the right to negotiate and conclude a collective agreement with the conference of taxi business entities in Jeonju-si, and the instant trade union and the conference of taxi business entities in Jeonju-si are “the wage agreement of 2011 (hereinafter referred to as “the wage agreement of 2011”) as follows on June 29, 201.”

A) A party entered into a contract. In principle, Article 3 (Labor Type) of the Wage Agreement in 2011 shall be limited to two classes per day, and only one person may work due to shortage of workers. Article 6 (Transport Income) The minimum daily transport income of the 1st day to which the 2011 intends to be used shall be deposited in 176,000 won in total, and 4,576,000 won in a monthly fixed amount: Provided, That the 2,834,000 won shall also be deposited in the month fixed amount raised by 14,00 won in the present year. Article 7 (Duty of Good Faith)

1. The driver shall pay the full amount of the transportation revenue to the company;

Article 20 (Effective Period) This Agreement shall be effective from July 1, 201 to June 30, 2012.

C. On August 11, 2011, the Plaintiff’s administrator, who was undergoing rehabilitation procedures, is “Supplementary Agreement in 2011 between the Ministry of Land, Transport and Maritime Affairs of the instant trade union and the Ministry of Land, Transport and Maritime Affairs” (hereinafter “Supplementary Agreement in 2011”) with the following content:

was drawn up.

The Labor Union Department Division and the Plaintiff’s wage agreement in June 29, 2011, which recognized the collective agreement in 2011 and supplementary agreement to the Wage Agreement, shall be the Plaintiff’s rehabilitation procedure.

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