The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. In full view of the contents and structure of the provisions related to the Constitution and the Minimum Wage Act, the legislative intent and legislative process of Article 6(5) of the Minimum Wage Act (hereinafter “Special Provision”), the purport of the Passenger Transport Service Act, the public nature of taxi transport business, and the circumstances before and after the agreement on the reduction of contractual work hours, etc., where the employer agreed with the taxi driver trade union to reduce only contractual work hours without changing the actual work environment or work hours, in order to increase the external shape of fixed wage per hour calculated on the basis of contractual work hours, with the intent to avoid the fixed wage, excluding the wage calculated on the basis of output under the fixed taxi commission scheme, excluding the wage calculated on the basis of the fixed taxi commission scheme, to avoid the amount of fixed wage calculated on the basis of contractual work hours.

(see Supreme Court en banc Decision 2016Da2451 Decided April 18, 2019). 2. A.

The judgment below

According to the reasons and records, the following facts are revealed.

1) The Defendant is a limited partnership company that runs the taxi transport business, and the Plaintiff (appointed parties) and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.” are combined with all the designated parties.

(2) On December 1, 2006, the Defendant agreed on the contractual work hours of the taxi drivers employed by the Defendant at the same time as 6: 40 minutes a day, 40 hours a day, and 40 hours a week.

3) However, the actual Plaintiff, etc. received wages by the so-called fixed taxi commission scheme, which is the method of paying a certain amount of transportation income to the Defendant under the name of a certain amount of taxi commission and devolving the remainder of transportation income other than this to the Plaintiff, etc., and paying a certain fixed wage from the Defendant. 4) Of that, the instant case amended by Act No. 8964 on March 21, 208