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(영문) 청주지방법원 2019.05.30 2019구합5231
택시운송비용(유류비)전가 금지위반에 따른 경고처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies established for the purpose of passenger transport business, etc., and are taxi transport business entities under Article 2 subparag. 3 of the Act on the Development of Taxi Transportation Business (hereinafter “the taxi Development Act”).

(b) Article 2: (1) The basic principle is that the company (referring to the plaintiffs; hereinafter the same shall apply) and the worker shall implement the full-time management system, and the company shall determine the minimum standard amount 105,000 won per day, excluding the minimum standard amount of LPG transport cost, to calculate the wages to workers out of the total amount of carriage per day.

(2) In principle, benefits shall be deducted when it falls short of the minimum standard amount.

(3) Shares shall be made to the extent of 60% by companies and 40% by workers with respect to the performance rates exceeding them.

(4) No company shall transfer expenses incurred in purchasing a new motor vehicle to a driver irrespective of the model.

Article 3. ① Conclusion of a contract with the gas filling station for the entrustment and management of the business agreement with the filling station, and the company manages the transportation expenses by concluding the contract for the entrustment and management with the filling station.

(2) Workers shall record, prepare, and submit to the company the total transport earnings, including daily access to the company and the cost of LPG transport, in the operating log.

On September 29, 2017, the Plaintiffs agreed with their employees on September 29, 201 with respect to the prohibition of transfer of transportation costs under Article 12 of the Taxi Development Act (hereinafter “instant agreement”), and the main contents are as follows.

C. In addition, pursuant to Article 3(2) of the instant agreement, Plaintiff A Co., Ltd., B Co., Ltd., C Co., Ltd., Ltd., limited partnershipF, limited partnership company G, and limited partnership company H entered into an entrusted management contract with Plaintiff D Co., Ltd., Ltd., and Plaintiff D Co., Ltd., Ltd., and Plaintiff D Co., Ltd., with N, and Plaintiff D Co., Ltd., with N, respectively (hereinafter “instant entrusted contract”). The main contents are as follows.

Article 2 (Matters of Joint Agreement) (1) Gas filling stations are all used by the employees of the company (referring to the plaintiffs; hereinafter the same shall apply).

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