The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. The Defendant is a company running the taxi transport business. On January 18, 2013, the Plaintiff entered into an employment contract with the Defendant and served as a taxi driver, and retired on October 31, 2016.

Workers belonging to the defendant including the plaintiff have received wages in the so-called fixed taxi commission scheme, which are the method of paying a certain amount of liability in the transport earnings to the defendant, taking over the transport earnings, and receiving basic pay, work allowances, continuous service allowances and bonuses from the defendant as a fixed wage.

Article 6(5) of the Minimum Wage Act (amended by Act No. 8818, Dec. 27, 2007; hereinafter “The Minimum Wage Act”) newly established Article 6(5) that “[in the case of employees engaged in driving service in general taxi transportation business, the scope of wages included in the minimum wage shall be wages prescribed by Presidential Decree, excluding wages calculated on the basis of output” (hereinafter “Special Provision”).

Accordingly, with the amendment of the Enforcement Decree of the same Act by Presidential Decree No. 21572 on June 26, 2009, “wages prescribed by Presidential Decree” refers to wages paid at least once a month according to the terms and conditions of payment prescribed by collective agreements, employment rules, and labor contracts and payment rates,” and “wages other than those paid for the fixed working hours or the fixed working days” and “wages paid for the livelihood and welfare of workers” were prescribed not to be included in the minimum wage.

The amended Minimum Wage Act and the Enforcement Decree (No. 8818, Dec. 27, 2007) were enforced from July 1, 2009 in the case of Seoul Special Metropolitan City where the defendant is located pursuant to subparagraph 1 of the Addenda.

The Defendant and the Defendant Trade Union concluded each wage agreement (hereinafter “each of the instant wage agreements”) as specified in the following wage agreements:

On July 28, 2006, the standard amount of fixed pay for the date responsible transport earnings of KRW 90,000 o.m. 90,000.