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(영문) 의정부지방법원고양지원 2015.01.30 2014가단53915
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The summary of the Plaintiff’s assertion is that there was no agreement with the Plaintiff on the rules of employment and wage agreement of the Defendant company.

In addition, the above rules of employment and deposit agreement provide for the working hours from 7:30 to 23:30 (7 hours of recess, 8 hours of recess, 30 minutes), 13 days of full attendance, 07:30 to 16:30 (4 hours of recess, 5 hours of work) and 24 days of full attendance in the case of the first-person primary system. The defendant paid the wages calculated accordingly (the amount calculated by multiplying the working hours as set forth above by the minimum wage and the attendance days), but it is not only the wages calculated differently from the actual working hours, but also the hours voluntarily deducted by the defendant are actual working hours.

Therefore, the defendant should pay the plaintiffs the unpaid wages calculated by applying the minimum wage based on the actual working hours of the plaintiffs and retirement allowances based on this.

2. In full view of the purport of the arguments in each of the following items: (a) the Defendant’s employee operating taxi owned by the Defendant and retired from the taxi transport business; (b) the Plaintiffs decided to exclude wages calculated on the basis of output (transport earnings exceeding taxi commission) from the minimum wage scope of ordinary taxi transport business (amended by Act No. 8818, Dec. 27, 2007; (c) the Defendant agreed to enter into the rules of employment and wage agreements with the employee representative in a way to minimize the increase of taxi commission; and (d) the Defendant agreed to enter into the rules of employment and wage agreements in a way to minimize the increase of taxi commission; and (e) concluded the rules of employment and wage agreements, including setting working hours and recess hours on several occasions after concluding the rules of employment and wage agreements, and the Plaintiffs calculated on the basis of working hours under each of the Rules of Employment and wage agreements or the rules of employment.

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