1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is a company operating a taxi transport business, etc., and the Plaintiff provided labor to the Defendant as a taxi driver from September 8, 2009 to August 14, 2015.

B. From January 1, 2014 to August 14, 2015, the Defendant paid the Plaintiff good faith allowances and working allowances (hereinafter “each of the instant allowances”). The Defendant did not include it in ordinary wages but calculated night work allowances, and paid night work allowances accordingly.

On the other hand, when calculating night work allowance by including each of the instant allowances paid by the Defendant to the Plaintiff in ordinary wages, the unpaid night work allowance for the Plaintiff during the above period is 945,129 won in total.

C. On March 12, 2014, the Defendant concluded a labor-management agreement with the labor union to which the Plaintiff belongs, as follows:

1. On December 2, 2013, the Defendant’s ordinary wage, regardless of the contents of the ordinary wage judgment, is the basic salary and continuous service allowance in the same way as the previous one.

2. In principle, allowances for good faith, allowances for work on board, and allowances for learning shall not be included in ordinary wages, and in principle, only those allowances shall be paid to workers for at least 20 days a month.

Provided, That where a person for less than 20 days is deemed to have violated the minimum wage when he/she fails to pay each allowance, the defendant may, at his/her discretion, pay the said allowance in proportion to the number of days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. In addition to the Plaintiff’s basic and continuous service allowances, ordinary wages should be calculated including the instant allowances. The Defendant calculated ordinary wages except each of the instant allowances, and paid night work allowances based on this. As such, the Defendant is obliged to pay the Plaintiff the total amount of KRW 945,129 and damages for delay, which are unpaid night work allowances from January 2014 to August 2015.

(b) the defendant.