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(영문) 광주고등법원 2019.01.16 2018나23369
임금 등 청구의 소
Text

1. The appeal filed by the Defendants (including the Defendants in Counterclaim) and the Defendant-Counterclaim Plaintiff G limited partnership company, I limited liability company, and L limited partnership company are different.

Reasons

1. The reasoning of the judgment of the court of first instance as to the claim of merit by this court is as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the allegations added by the Defendants in this court as set forth in the following paragraph (2). Thus, it is acceptable in accordance with the main sentence

2. Additional determination on the main claim

A. The summary of the Defendants’ assertion is that the Plaintiffs’ total amount of excess taxi earnings is excluded from the scope of wages included in the minimum wage under Article 6(5) of the Minimum Wage Act. If the Plaintiffs paid standard taxi earnings in an amount less than the monthly wage driver and brought more excess taxi earnings than the monthly wage driver, but the Plaintiffs are additionally paid an amount equivalent to the minimum wage amount for the pertinent number of working days. Ultimately, the Plaintiffs are paid more wages than the monthly wage driver, and the Defendants did not obtain any benefits for the taxi operated by the Plaintiffs and rather suffered losses.

Therefore, even if the Defendants are obliged to pay the minimum wage to the Plaintiffs, the difference between monthly standard transportation income and daily standard transportation income under the principle of fairness should be deducted from the minimum wage amount to be paid by the Defendants to the Plaintiffs.

B. In this case, the Defendants are obliged to pay the Plaintiffs the total amount of the minimum wage to the Plaintiffs’ working days in addition to the amount of the Plaintiffs’ wage. In this case, the Defendants did not include in each labor contract with the Plaintiffs the amount of wages included in the amount of the minimum wage under the Minimum Wage Act. In such a case, each of the above labor contracts does not reach the minimum wage under the Minimum Wage Act, which is a mandatory provision.

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