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(영문) 인천지방법원 2018.05.29 2015가단238450
임금 등
Text

1. The Defendant: 14,290,607 won to Plaintiff A; 5,743,521 won to Plaintiff B; 1,061,145 won to Plaintiff C; and 1,123.

Reasons

1. Determination as to the claim for payment of the amount equivalent to the wages during the pertinent dismissal period by Plaintiffs A, B, and K

A. 1) The plaintiffs A, B, and K were unfairly dismissed from the defendant, but were reinstated after being recognized that they were unfair dismissal from the Incheon Regional Labor Relations Commission. Therefore, the defendant is obligated to pay the above plaintiffs the amount of wages that the above plaintiffs would have received during the unfair dismissal period as wages or damages.

3) However, the Defendant, while operating the transportation income management and wage payment method for affiliated engineers as “ taxi commission scheme”, calculated and paid the said Plaintiffs’ wages during the unfair dismissal period on the basis of the wage table in the “2012 Wage Agreement”. However, the amount equivalent to the Plaintiffs’ wages, which are taxi engineers, should be calculated based on the above Plaintiffs’ work experience based on the “report on the actual working conditions by employment type.” Accordingly, the amount equivalent to the Plaintiffs’ wages and the amount unpaid by the Defendant are indicated below.

Therefore, the Defendant is obligated to pay the Plaintiff A the amount equivalent to the unpaid wage, KRW 6,006,502, the amount equivalent to the unpaid wage, KRW 5,106,870, and delay damages therefrom, respectively.

A B K of unpaid wages during the period of unfair dismissal.

B. 1) Determination 1) The above plaintiffs suffered unfair dismissal, and the facts alleged by the above plaintiffs that the above plaintiffs were not working due to unfair dismissal do not conflict between the parties. 2) The above plaintiffs calculated by applying statistical income under the "report on Actual Conditions of Labor by Employment Type" as they could not specify the above plaintiffs' excess taxi commission earnings during the period of dismissal. Thus, the above plaintiffs calculated by applying statistical income under the "report on Actual Conditions of Labor by Employment Type" in the above Table 1 shall be wages that the plaintiff could have continuously worked during the above period.

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