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(영문) 청주지방법원충주지원 2016.06.09 2015가단22390
임금
Text

1. The Defendant: (a) KRW 5,094,044; (b) KRW 8,286,004; (c) KRW 8,270; and (d) KRW 8,270; and (d) KRW 124.

Reasons

1. Basic facts

A. The Defendant is a company engaged in the passenger transport service, etc., and the Plaintiff (appointed parties) and the designated parties (hereinafter “Plaintiffs”) concluded an employment contract with the Defendant and served or served as a taxi engineer.

B. Upon the amendment of the Minimum Wage Act by Act No. 8818 on December 27, 2007, Article 6(5) was newly established that “the scope of wages included in the minimum wage of drivers in the passenger taxi transport business under Article 3 of the Passenger Transport Service Act and subparagraph 2(c) of Article 3 of the Enforcement Decree of the same Act refers to the wages prescribed by Presidential Decree, excluding the wage calculated on the basis of the output.” The enforcement date of the above provision was July 1, 2010 (Article 6(5)) when the Minimum Wage Act was amended by Act No. 8964 on March 21, 2008, and the enforcement date was also the same provision under Article 6(5) when it was amended by Act No. 8964 on July 1, 2010 (Article 6(1)2 of the Addenda).

C. Article 5-2 of the Enforcement Decree of the Minimum Wage Act (amended by Presidential Decree No. 21572, Jun. 26, 2009) provides that “wages prescribed by Presidential Decree” under Article 6(5) of the Act means wages paid at least once a month according to the payment conditions and payment rate prescribed in a collective agreement, employment rules, and labor contract, and wages other than wages paid for contractual work hours or contractual work days, or those paid for the livelihood and welfare of the neighboring workers, shall not be included.”

Upon the enforcement of the amended Minimum Wage Act, on August 6, 2010, the Defendant entered into a wage agreement (hereinafter “instant wage agreement”) with B Co., Ltd. Trade Union to which the Plaintiffs belong (hereinafter “instant trade union”) on August 6, 2010, and concluded the said wage agreement (hereinafter “instant wage agreement”). The monthly minimum working hours, including weekly working hours, 240 hours (8 hours a day), which were included in the previous wage agreement, are 180 hours (6 hours a day).

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