본문 바로가기 주메뉴로 바로가기
All
TITLE 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2016Da2451 Decided April 18, 2019【Wage】 [full Text]
Summary
Validity of an agreement that the taxi company (employer) made with the taxi driver labor union to reduce only contractual work hours ― without changing the actual working environment or work hours ― to appear as if it was increasing the amount of fixed hourly wages calculated based on contractual work hours when, in fact, the employer intended to avoid having the fixed wage amount ― excluding wages calculated based on the output pursuant to the fixed daily rate out of the incoming fares that taxi drivers pay to the taxi company ― hover below the minimum wage in line with the enactment of Article 6(5) of the Minimum Wage Act that was amended by Act No. 8964 on March 21, 2008 (held: invalid)
Whether this legal doctrine is likewise applicable in a case where an employer revises its rules of employment on reducing contractual work hours based on consent from a majority of the labor union, which are mostly comprised of taxi drivers, or employees (affirmative)
Prev 【Syllabus of Latest Opinion】Supreme Court en banc Decision 2017Do14609 Decided April 18, 2019 【Violation of the Narcotics Control Act (Psychotropic)】
Next 【Syllabus of Latest Opinion】Supreme Court Decision 2017Du57899 Decided April 11, 2019 【Revocation of Rejection of a Petition for Correction of Gift Tax】
219 Seocho-ro,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100