1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except where the supplementary or additional judgment under Paragraph 2 below is added. Thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on supplement or addition

A. In the trial of the court, the plaintiff's employees with disabilities C asserts that, as the full-time officer of the labor union, as the new driver's demand and supply activities concurrently with the taxi and union work are changed to their unique positions, the day when C performed the above duties is "the day on which C serves as the basis of the payment of monthly wages" under the Act on the Employment of Persons with Disabilities, and all the money received by C is all wages under

However, while the full-time officer of a trade union maintains the basic labor-management relations between the employer and his/her status as an employee, he/she is similar to the worker in leave of absence in that he/she is exempted from the obligation to provide labor and is exempt from the employer's obligation to pay wages, and even if the employer pays a certain amount of money to the full-time officer

(See Supreme Court Decision 2003Da4815 Decided September 2, 2003). Money and other valuables provided to a person exempt from working hours to a full-time officer of a trade union under Article 24(4) of the Trade Union and Labor Relations Adjustment Act may be paid as wages in order to prevent wage losses that may arise as a result of the exemption from providing labor. Thus, money and other valuables provided to a person exempted from working hours cannot be interpreted to be included in the category of “wages” under the Labor Standards Act, regardless of the pretext thereof.

Furthermore, in applying the Employment Act of Persons with Disabilities, the interpretation of the “wages” is referred to as the “wages” under the Labor Standards Act.