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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of the lawsuit shall be borne by the plaintiff (the first party).
Reasons
1. Basic facts
A. The Defendant is a company running the taxi transport business, and the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) enter into a labor contract with the Defendant and are workers driving the taxi owned by the Defendant.
B. Of the wages paid by the Defendant Company to the Plaintiff, etc. from July 2010 to June 2012, the money that falls short of the minimum wage amount prescribed by the Minimum Wage Act is the amount indicated in the purport of the claim (hereinafter “instant wage”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. According to the Minimum Wage Act regarding the cause of the claim, an employer shall pay the worker to whom the minimum wage is applied with wages above the minimum wage amount (Article 6(1)); the part on which the amount below the minimum wage amount among the labor contract between the worker to whom the minimum wage is applied and the employer is determined as wages shall be null and void; and in this case, the invalidated part shall be regarded as having made payment of the same wage as the minimum wage amount as the minimum wage amount under the Minimum Wage Act (Article 6(3)). As seen earlier, as the Defendant’s payment of wages to the Plaintiff, etc. falls short of the minimum wage
3. Judgment on the defendant's assertion
A. (i) The Defendant’s assertion under the collective agreement was concluded on June 18, 2012 by concluding a collective agreement to reduce working hours from 8 to 5 hours between Gyeongnam-si Labor Union, a representative bargaining trade union, to 8 to 5 hours, and concluded a collective agreement to promise that the Minimum Wage Act does not reach the minimum wage amount, and that the said collective agreement does not have any civil or criminal objection against the amount below the minimum wage amount arising during the period prior to the conclusion of the said collective agreement (hereinafter “instant collective agreement”). Accordingly, the Defendant is obligated to pay the Plaintiff, etc. the instant wage.