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(영문) 전주지방법원 2016.11.10 2015가단37865
임금
Text

1. The defendant (Counterclaim Plaintiff) limited partnership I:

A. Plaintiff (Counterclaim Defendant) KRW 2,507,773, and Plaintiff (Counterclaim Defendant) B, 3,477.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant I is a limited partnership company running the taxi passenger vehicle transport business, etc. in Kugjin-gu Seoul Metropolitan City K, and Defendant J is a general partner with unlimited liability as its representative member.

The Plaintiffs are employees engaged in taxi drivers who enter into an employment contract with Defendant I and engage in taxi drivers.

B. On September 30, 201, a trade union comprised of Defendant I and the employees of Defendant I entered into a collective agreement in 2011 (term of validity from October 1, 2011 to September 30, 201), and entered into a “the wage agreement in 2012” on January 31, 2013 (term of validity from October 1, 2012 to September 30, 2013).

C. On October 29, 2013, Defendant I sent to the said trade union a written notification stating that “If the negotiation was conducted to enter into a collective agreement on November 5, 2013, it is necessary to request the negotiations to enter into the said trade union, and if the negotiations were not entered into thereafter, it shall terminate the collective agreement in 2011.”

On February 21, 2014, Defendant I and the Plaintiffs filed an arbitration with the Jeonbuk Regional Labor Relations Commission, and received an arbitration award [former North Korea 2013 Arbitration1, Jeonbuk 2014 Arbitration1, hereinafter referred to as “instant arbitration award”) as follows from the Jeonbuk Regional Labor Relations Commission. The order of the arbitration award of this case was 【the arbitration award of this case’

1. The wage system shall be a monthly wage system in full in accordance with the full-scale management system, reflecting the purport of the taxi transport income management system under the Passenger Transport Service Act (hereinafter “full-sum management system”), and shall consist of basic pay, continuous service allowances, night work allowances, and performance allowances.

2. The working hours shall be six hours a day and forty minutes a day (6.67 hours) and ninety-eight hours a month (including Article 55 of the Labor Standards Act) excluding recess hours, and the monthly wage calculation table and the bonus calculation table shall be as shown in the attached Form.

3. The number of hours per day (including hours of work a day and recess hours) shall be from 01:0 am to 12:00 am, while the number of hours per day shall be from 13:0 am to 2:00 am, while the number of hours shall be from 13:0 am to 24:00 am, and the number of hours shall be from 4:20 am.

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