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(영문) 전주지방법원 2016.08.19 2014가합306
임금
Text

1. The defendant (Counterclaim defendant) refers to the sum of the cited amounts by the plaintiff (Counterclaim defendant) and the plaintiffs as shown in attached Form 1.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, the defendant is a company that operates taxi passenger transportation business, etc.

The plaintiffs are workers employed by the defendant and employed as taxi drivers, who belong to the department of complete traffic under the former Special Self-Governing Headquarters of the former National Housing Trade Union.

During the period from July 1, 2010 to December 31, 2012, according to the labor contract concluded with the Defendant, the Plaintiffs paid the Defendant the standard amount of daily transport earnings (including weekly paid leave allowances), from the total daily transport earnings, and received basic pay (including weekly paid leave allowances), continuous service allowances, work allowances, night work allowances, monthly paid leave allowances, bonus, etc. from the Defendant, but the transport earnings exceeding the standard amount of daily transport earnings paid to the Defendant have been paid in the form of reverting to the Plaintiffs.

The term of validity of the wage agreement of 2003 concluded between the trade union to which the plaintiffs belong and the defendant (as follows, until August 31, 2004; however, until the conclusion of the wage agreement of 2003 as a substitute for the said wage agreement of 2003, the wage agreement of 2003 was made pursuant to the said wage agreement without entering into a new substitute for the wage agreement of 2003. As such, the said wage agreement of 2003 is the content of the labor contract governing the parties by December 31, 201), the wage agreement of 2011, the wage agreement of 2012 (hereinafter collectively referred to as the “each of the instant wage agreements”) of Article 4(1) of the Wage Agreement of 203 shall be the basic working hours of 7 hours per day, 20 minutes per week, and 44 hours per week (day).

(4) Since the labor of a taxi business place is in the business form of cruise service (e.g., boarding on the road and serving customers), it is not recognized as overtime work hours for which no approval is granted by the company, considering that it is difficult to measure whether to work in excess.

Article 5 (Number of Days of Work) In principle, the number of monthly working days shall be 25 full-time (including leave and sick leave).

Provided, That this shall not apply in February.

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