The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. The following facts are revealed based on the reasoning of the lower judgment and the record.

On the racing market, the Defendant, who operates a regular taxi transport business, has had its taxi drivers pay a certain amount of the daily total transport income to the Defendant, and the remainder of the transport income other than this (hereinafter “excess taxi income”) operated the so-called taxi commission scheme, which is the method of taxi drivers’ income.

According to the W Labor Union organized as taxi drivers by the Defendant and the Defendant’s wage agreement concluded in 2007 and the collective agreement concluded in 2009, contractual work hours were determined as “7 hours per day, 20 hours per week, 44 hours per week, 25 hours per month, and 48,000 won or KRW 54,00 per car.”

B. Meanwhile, Article 6(5) of the Minimum Wage Act newly established on December 27, 2007 (hereinafter “instant provision”) provides that taxi drivers may not include excess taxi earnings in the minimum wage by limiting the scope of the wages included in the minimum wage to “the wages excluding the wages calculated on the basis of output”. The enforcement date was July 1, 2010 for regions.

Accordingly, since July 1, 2010, the defendant, who is running a business in the racing city, has to pay wages above the minimum wage level only with the fixed wage on the contractual work hours.

C. Since May 2010, the former National Housing Trade Union, the Magdong branch and the employer’s side that was delegated by the W Trade Union, etc. were engaged in collective bargaining with a view to concluding a new collective agreement in preparation for the enforcement of the instant legal provisions.

However, as the current wage negotiations are in progress for the application of the minimum wage as of July 1, 2010, which was enforced from July 29, 2010, the minimum wage application will be postponed until the negotiation is completed.

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