1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is a company that runs general taxi transportation business under the Passenger Transport Service Act and is a place of business subject to the Minimum Wage Act.

The Plaintiff is a taxi driver who entered into an employment contract with the Defendant from August 18, 2013 to December 15, 2015 and worked for the Defendant Company.

B. The Plaintiff paid daily total transport earnings to the Defendant the daily standard amount of daily transport earnings (the so-called “daily taxi commission”) and received basic wages and allowances from the Defendant, and the transport earnings exceeding the standard amount of daily transport earnings paid to the Defendant have been paid in the form that reverts to the Plaintiffs.

C. Of the wage agreement and the labor-management agreement entered into between the Defendant and the labor union to which the Plaintiff belongs and entered into force on April 1, 2014 (as of March 12, 2014), the major contents related to the instant case are as follows.

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

Article 5 (Number of Days of Work) The number of days of monthly service shall be 26 days in the case of the two-day system.

Article 14 (Basic Wage) (1) The basic wage shall be calculated on the basis of 203 hours per month and 6 hours and 40 minutes per day, and it shall be included in the weekly holiday allowance, and shall be paid to all workers.

Article 16 (Allowance for Working on Board)

1. An allowance for service on board shall be paid only to persons who have worked on board;

Article 19 (Conditions and Criteria for Payment of Bonuses) Bonuses shall have served for at least one year.

1. The occurrence of a marine accident of at least two million won by causing a traffic accident;

2. A fixed amount of standard transport earnings for the calculation of the fixed monthly wage for the number of days on board during the relevant month shall be paid each month on the basis of 23, 24, 25, and 26 working days which are the current payment condition of the fixed amount payment system, only for those who have paid the fixed amount (1, 24, 25, and 26.

Article 24 (Payment of Subsidies) (1) An employer shall pay a subsidy for learning in operation to encourage new participants to work only.