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(영문) 울산지방법원 2016.01.13 2014가단2807
임금
Text

1. The plaintiffs' claims against the defendant are dismissed.

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

Reasons

1. Basic facts

A. Defendant (hereinafter “Defendant Company”) is a company operating a regular taxi transport business, etc., and the Plaintiffs are employees engaging in ordinary taxi transport business belonging to Defendant Company.

B. On September 25, 2009, the Defendant Company entered into the wage agreement in 2009 (hereinafter the wage agreement in 2009) with the Defendant Company on the following terms, such as setting contractual work hours at six hours a day, etc.

-Main contents of the Wage Agreement of 2009 - Labor and management of Section 1 (Basic Policies) shall apply to the minimum wage as effective July 1, 2009.

The policy is implemented by applying the Passenger Transport Service Act, and the revenue other than taxi commission is brought by members, and the total management system is reserved by the labor-management agreement.

Article 5 (Working Hours) (1) The working hours shall be determined as basic working hours for six hours a day.

(2) Hours of a day shall be at least 22 hours a day (including basic working hours a day, meals, and rest hours).

In addition, meals and break time shall be hours excluding overtime hours of daily basic working hours among the number of hours of daily dispatch, but drivers shall freely use during the number of hours of dispatch.

Provided, That the company shall not arbitrarily impose restrictions on the time of entry and departure.

Article 9 (Basic Wage) (1) The basic wage shall be calculated based on six hours a day and the minimum wage shall be applied.

This includes a weekly holiday allowance.

(1) A day: 4.5 hours a week and 1.5 hours a week). Article 10 (No. 10) of the Act refers to the allowance for service on board, the allowance for continuous service and the allowance for overtime work, and the allowance for continuous service (not less than nine days) shall be paid only to the driver on board, and the allowance for continuous service shall be additionally paid 8,000 won for the person on continuous service for not less than two years, based on the date of employment, for the person on continuous service for not less than two years.

(not later than 8 years of continuous service).

By August 31, 2013, Defendant Company paid the Plaintiffs wages calculated in accordance with the instant wage agreement in 2009.

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