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Reasons
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(영문) 서울북부지방법원 2018.12.12 2017가단141145
체불임금 등 청구의 소
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1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company running the passenger taxi transport business under the Passenger Transport Service Act; Plaintiff A is from June 15, 2015 to July 6, 2016; Plaintiff B is from September 10, 2012 to November 29, 2016; Plaintiff C is from May 31, 2012 to September 30, 2016; Plaintiff D is a person working as a taxi engineer for each of the Defendant company from April 29, 2013 to April 12, 2017; Plaintiff E is from September 7, 2010 to September 30, 2017.

B. On October 7, 2011, December 30, 2013, and December 30, 2015, the Defendant concluded each wage agreement with the Defendant’s trade union, and the main contents are as follows:

(The Terms and Conditions of the Wage Agreement, 201, other than those set forth below, are same as the Terms and Conditions of the Wage Agreement, 201. Article II (Scope and Scope) of this Agreement shall apply to members and all drivers who are members of the Samduk Korea Co.

Article 4 (Working Hours) (1) The working hours shall be six hours a day and twenty minutes a week, and the basic working hours of forty hours a week.

Wage Agreement, 2015:

1. The working hours shall be the contractual working hours of five hours and thirty minutes per day, and the basic working hours of thirty-eight hours per week and thirty-eight hours per week;

(Monthly Work Hours) Article 5 (166 Hours per month) Article 5 (1) of the Act shall be six days in the case of the two-day system of two-day work, and twenty-six days in the case of the one-day work, one-day work, one-day work, and two-six-six days in the month.

1. The wage composition of drivers shall be divided into the basic salary class and the bonus;

(2) The content of the wage calculation shall be applied and calculated in accordance with the table for the calculation of the fixed monthly wage in attached Table Ma1. Article 14 (Basic Wages) ① The basic pay shall be calculated based on 203 hours a month and 6 hours and 20 minutes a day, including weekly leave allowances, and shall be paid to all workers. [The wage agreement in 2013: the basic pay shall be calculated based on 6 hours a day and 20 minutes a day, and it shall be paid to all workers.

Wage Agreements, 2015: 166 hours per month, January 1, 201.

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