The part of the Plaintiff (Counterclaim Defendant)’s claim for retirement benefits due to work before December 1, 2016 among the main lawsuit of the Plaintiff (Counterclaim Defendant) shall be dismissed.

2...

1. Basic facts

A. The Defendant is a company that runs a general taxi transport business under the Passenger Transport Service Act, and the minimum wage law applicable place of business.

2) The Plaintiffs were former workers who drive a taxi owned by the Defendant.

B. The Defendant’s wage payment scheme: (a) the Defendant paid the amount of daily transport earnings on the basis of the daily transport earnings (the so-called “ taxi commission”; hereinafter the same shall apply) to the Defendant; (b) the Defendant received basic pay and various allowances; and (c) the Defendant received the transport earnings exceeding the existing transport earnings (hereinafter “excess transport earnings”) as the fixed taxi commission scheme, a method for which the Plaintiffs hold.

(c)

The main contents of the wage agreement 1) The main contents of the wage agreement in 2009 entered into between the Daejeon District Headquarters of the E Trade Union (hereinafter referred to as the “F Trade Union”) and the G Union affiliated with the Defendant (hereinafter referred to as the “G Union”) are as follows:

Article 1 (Basic Policy) Both labor and management shall manage the total amount of transportation revenue by taxi meters and other revenue, and implement a monthly wage system corresponding to the amount of receipt.

Section 2 (Scope and Coverage) This Agreement shall apply to the branches of the Daejeon Metropolitan City and members under the Regional Headquarters of the Daejeon Special Metropolitan City of Daejeon Special Union.

Article 3 (Types of Work) 1) In principle, two teaching systems per day shall be conducted.

2) Any change may be made through consultation between labor and management.

Article 4 (Working Hours) The working hours shall be 6 hours a day to 40 minutes a day, 40 minutes a week, and 40 hours a week to 2 hours a day.

2) The duration of allocation is ten hours including meal and rest hours (three hours and twenty minutes), and the duration of meal and rest hours shall be freely used.

Article 6 (Number of Days of Work) The monthly work of drivers shall be 26:00 p.m. on one day to 26:0 p.m., but if a person has worked for a prescribed number of days of work by the work on board an order, he/she shall be recognized as a full attendance

Article 7 (Labor System) The wage system for drivers shall be as follows, and the calculation of wages shall be as specified in attached Table 1:

1) Basic pay 2) Senior 3).