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(영문) 수원지방법원안산지원 2020.11.27 2019가단78121
부당이득금
Text

Among the instant lawsuits, the part concerning the claim for damages against the period until January 20, 2016 shall be dismissed.

The plaintiff's remainder.

Reasons

1. Basic facts

A. The parties, etc. 1) The Defendant is a company running the taxi passenger transport business. The Plaintiff concluded a collective agreement and wage agreement (hereinafter “instant agreement, etc.”) with the Plaintiff around September 3, 2008 to June 10, 201 in accordance with the labor contract concluded with the Defendant and concluded between August 2, 201 and January 20, 201, but retired from office as a taxi engineer on May 2, 2016 and worked until April 21, 2017.

B. On January 23, 2014, taxi engineers, including the Plaintiff, worked for 12 hours a day (4 hours a day and 4 hours a day) under the collective agreement and wage agreement in 2011 against the Defendant in the Suwon District Court Ansan Branch (2014Gahap 20278) on January 23, 2014. However, in fact, the Plaintiffs still worked for 12 hours a day (4 hours a day and 4 hours a day a day a day a day a week a day has not been reduced, as the Minimum Wage Act applies to the taxi industry from July 1, 2010 to the taxi industry, the Defendant’s wage, etc. falls short of the standard amount under the Minimum Wage Act. As such, the agreement on the reduction of contractual work hours as seen above is null and void, the Defendant’s claim for the difference between justifiable wage and night work allowance calculated based on actual working hours, and wage and retirement allowance calculated based on such application, and the previous lawsuit seeking the payment of the difference (hereinafter “instant lawsuit”).

(2) On August 20, 2015, the above court filed a claim that “The agreement on reduction of working hours under the instant agreement, etc. is valid.”

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