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(영문) 의정부지방법원 2015.12.24 2014나4850
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. Defendant F Limited Partnership Company (hereinafter “Defendant Company”) is a company operating taxi transport business, etc., and Defendant G is a representative employee of Defendant G as a general partner of the Defendant Company, and the Plaintiffs were employed by Defendant Company and worked as a taxi engineer from July 1, 2010 to December 31, 2010.

B. The rules of employment of the Defendant Company, which was enforced and applied since July 1, 2007 (hereinafter “previous rules of employment”), prescribed contractual work hours as eight hours per day, forty hours per week, and twenty-nine hours per month (one-third day per month, per day, per day).

C. However, since July 1, 2010, Article 6(5) of the Minimum Wage Act was enacted, the Defendant Company was no longer able to include the wages calculated on the basis of the calculation of the minimum wage for its employees, such as excess earnings, as the basis for calculating the minimum wage. As such, even though the actual working hours of the employees were not changed, the content of the rules of employment was revised on July 29, 2010 (hereinafter “the rules of employment with the first revision”), and the contractual working hours were set as six hours per day, twenty hours per day, eight-four hours per month, and eight hours per month, and eight-two hours per month for employees with the second class work hours per day, respectively. D. The Defendant Company re-amended the rules of employment on October 27, 2010 (hereinafter “second amendment”), and the contractual working hours on January 14, 2016 for employees with the second class work hours as the first class work hours per day, 16 hours per month, 16 hours per month and per month.

E. All the rules of employment with the first revised rules and the second revised rules set the enforcement date on July 1, 2010.

F. The previous rules of employment, the first revised rules of employment, and the second revised rules of employment stipulate that “wages shall be closed as of the end of each month and shall be paid from the fifth day of the following month, counting from the first day of each month.”

G. Meanwhile, the Minister of Labor determines and notifies pursuant to the Minimum Wage Act.

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