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(영문) 대전고등법원 2017.07.20 2016나1173
임금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The defendant is a company that runs a general taxi transportation business under the Daejeon Metropolitan City Passenger Transport Service Act, and is a business place subject to the Minimum Wage Act admitted to C.

Plaintiff

It is a taxi driver who has entered into an employment contract with the defendant.

B. The Plaintiff, etc., etc., in the form of wage payment has received wages in the form of reverting to the Plaintiff, etc. the daily amount of daily transport earnings (so-called taxi commission, hereinafter “ taxi commission”) to the Defendant and receiving basic pay, allowances, and bonuses from the Defendant, but the transport earnings exceeding the taxi commission to the Defendant have been paid to the Defendant.

C. The instant wage agreement 1) On September 30, 2009, the Defendant and the Division of the Daejeon District Headquarters B of the D Trade Union entered into a wage agreement as follows (No. 2, Oct. 1, 2009; hereinafter “instant wage agreement”).

The new wage agreement was concluded on April 30, 2012 between the defendant and the trade union of each company B, but the following contents are not changed:

() Article 3 (Types of Work) (1). Working hours under Article 4 (Working Hours) are 4 hours a day and 24 hours a week. The number of hours of work shall be 10 hours a day, including meals and rest hours (6 hours) and meals and rest hours shall be freely used. The monthly working hours of drivers under Article 6 (Number of Days of Work) shall be 26 hours a day and 26 days a day. The wage system of drivers under Article 7 (wages of Work) is as follows. The wage calculation is as follows. The basic pay, continuous work pay, night work pay, production allowances, good faith encouragement allowances, bonuses Article 12 (Transport Income Management) (1) The number of drivers shall pay transportation revenues to the company after the end of their work. ② The number of hours of work per two turns a day is 84,000 o,00 o,00 o o o o o o o o o o o o o o o o o, and the basic wage is o o o o o o.

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