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(영문) 대구지방법원경주지원 2017.12.07 2017가합2281
임금
Text

1.(a)

Defendant Counterclaim Plaintiff Co., Ltd., Ltd., 1 to 4, and 6.0 of the table of overdue wages set forth in attached Form 3.

Reasons

1. Basic facts

A. The Defendants are companies running the taxi transport business. The Plaintiffs are workers employed by the Defendants companies as taxi drivers and provided their labor to the Defendants during each corresponding period specified in the attached Table 2. The Plaintiffs were those who retired from office or provided their labor to the present time.

B. The Defendants’ wage payment system and the Minimum Wage Act amendment 1) The Defendants had their taxi drivers pay a certain amount of the daily total transport income to the Defendants, and the remainder of the transport income other than this (hereinafter “excess transport income”).

(2) On the other hand, Article 6(5) of the Minimum Wage Act newly established on December 27, 2007 (hereinafter “instant provision”) stipulated that the excess taxi earnings may not be included in the minimum wage by limiting the scope of the wages included in the minimum wage of taxi drivers to the “wages other than the wages calculated on the basis of output,” and the enforcement period was July 1, 2010 in the case of a city area.

Accordingly, from July 1, 2010, the defendants, who are running business in the racing city, have to pay wages above the minimum wage level only with fixed wage on contractual work hours.

3) A collective agreement concluded by the Defendants prior to the enforcement of the instant provision (hereinafter “existing collective agreement”).

According to the U.S., the contractual work hours were 7 hours to 20 minutes a day and 44 hours a week in the case of Defendant Han Investment Development, Masung-si, and Samjin-si, respectively, and the contractual work hours were 6 hours to 40 minutes a day and 40 hours a week in the case of Defendant Dae-gu taxi. In the case of Defendant Han Investment Development, Sam-jin-si, and Masung-si, the contractual work hours were 6 hours a day and 40 hours a week, respectively, and the due date for payment of wages was 8 days a day following the following month.

C. On July 26, 2010, the Defendants, including the Defendants, written an agreement.

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