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(영문) 대구지방법원 2018.03.23 2015가단121109
임금
Text

1.(a)

Defendant Dong Dong-si Co., Ltd. shall be 174,020 won to Plaintiff A, 66,079 won to Plaintiff B, and 189,982 won to Plaintiff C.

Reasons

1. Facts that no dispute exists;

A. The Defendants are corporations engaged in the taxi passenger transport business, and the Plaintiffs are taxi engineers employed by or worked for the Defendants.

B. Through collective agreements, wage agreements, etc. applicable to the Defendants’ workplace, labor and management agreed on September 23, 2009 to pay 40% of the reduced or exempted portion (42,000 won) in addition to the reduced or exempted portion of value-added tax (50%) already paid on September 23, 2009, as well as the reduced or exempted portion of value-added tax (42,00 won), and from June 1, 2013 to pay 120,000 won including the reduced or exempted portion of value-added tax on the wage from that time to that time.

다. 피고들의 2011년도 단체협약 및 임금협정서 제16조에서 근로시간을 “1일 6⅔시간, 1주일 40시간을 기준으로 한다.”고 규정하고 있었는데, 2013. 5. 23. 2011년도 단체협약 및 임금협정서를 변경하는 노사합의를 하면서 2013. 6. 1.부터는 소정 근로시간을 1일 6시간으로 변경하였다. 라.

The minimum wage determined and announced by the Minister of Labor pursuant to the Minimum Wage Act is 4,580 won in 2012, 4,860 won in 2013, 5,210 won in 2014, and 5,580 won in 2015.

E. The Plaintiffs received wages in the form of a monthly wage and worked as a full-time employee (one-time employee primary system).

F. “The wage standard table for drivers” applicable to the Plaintiffs is as shown in attached Tables 2 and 3 before June 1, 2013, and is as listed in attached Tables 4 and 5 after June 1, 2013.

G. The monthly working days of the plaintiffs, the basic salary (including weekly leave allowances), continuous service allowances, work allowances, bonuses, minimum wage preservation, and good faith allowances are as shown in the corresponding column of attached Table 1.

2. Article 6(5) of the Minimum Wage Act and Article 5-2 of the Enforcement Decree of the same Act excludes the scope of wages included in the minimum wage of drivers in taxi transport business.

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