[Plaintiff (Counterclaim Defendant), Appellant] Plaintiff (Counterclaim Defendant) (Attorney: Attorney Ahn Byung-jin and 2 others of Daejeon Jonghap Law Firm)
[Defendant (Counterclaim Plaintiff), Appellee] ○○ Taxi Limited Partnership Company (Attorney: Attorney Oh Seung-won of Somang Law Firm)
[Judgment Below] Daejeon District Court Judgment rendered on December 7, 2023, Case Nos. 2021Na109590, 109606
[Order]
The judgment below is reversed, and the case is remanded to the Daejeon District Court.
[Reasoning] The grounds for appeal are examined.
1. Relevant Legal Principles
A. An employee bears the duty to work during the agreed prescribed working hours (소정근로시간), and the employer pays wages for the performance of that duty; the employer and employee may, in principle, agree on the prescribed working hours according to their free will, so long as the statutory working hours (기준근로시간) are not exceeded. However, where there are special circumstances such that the determination of the prescribed working hours can be evaluated as being merely a matter of form, or where the prescribed working hours were set with the intent to evade mandatory statutes such as labor-related statutes, the validity of the agreement on the prescribed working hours must be denied.
Considering comprehensively the content and structure of Article 32(1) of the Constitution (헌법) and the relevant provisions of the Minimum Wage Act (최저임금법), the legislative intent and legislative history of Article 6(5) of the Minimum Wage Act (hereinafter referred to as the "special provision at issue in this case"), the purport of the provisions of the Passenger Transport Service Act (여객자동차 운수사업법) and the public nature of the general taxi transport business, and the circumstances before and after the agreement to shorten the prescribed working hours, etc., where, under a fixed-amount quota system (정액사납금제), an employer, with the intent to avoid the fixed wage (excluding wages based on production performance) falling below the minimum wage, agrees with a labor union of taxi driver-employees to shorten only the prescribed working hours—without any change in the actual working pattern or operating hours—in order to increase the nominal amount of the hourly fixed wage calculated on the basis of the prescribed working hours, such an agreement must be held void as an act in circumvention of the law intended to evade the application of the special provision under the Minimum Wage Act, which is a mandatory statute (see Supreme Court en banc Decision 2016Da2451, decided April 18, 2019). The specific circumstances establishing that such an agreement constitutes an act in circumvention of the law must be alleged and proved by the party asserting that the agreement is void.
B. Whether an agreement to shorten the prescribed working hours made under a fixed-amount quota system is void as an act in circumvention of the law must be determined from a normative standpoint, focusing on whether the main purpose of the parties to the employment relationship who entered into the agreement was to evade the application of the Minimum Wage Act, and, in addition, whether there is a significant discrepancy between the shortened prescribed working hours and the actual working hours of the taxi driver-employee, as compared to each other.
Whether the main purpose of shortening the prescribed working hours was to evade the application of the Minimum Wage Act must be determined by considering the specific circumstances and timing of the agreement to shorten the prescribed working hours, the objective difference and trend of change between the hourly comparison wage calculated by applying the prescribed working hours before and after the shortening and the statutory minimum wage, and other relevant factors.
The actual working hours of a taxi driver-employee is a concept encompassing not only the operating hours during which the taxi carries passengers (actual driving hours, 실차시간), but also the preparation time required for the taxi's entry, exit, and arrangement, and the waiting time spent looking for or waiting for passengers (empty driving hours, 공차시간, excluding, however, meal and rest periods)—that is, all the time during which the taxi driver-employee actually provides labor—and it must be estimated in consideration of the actual working environment and working pattern of the taxi driver-employee. Furthermore, in a case where it may be found that the actual working hours of the taxi driver-employee have been partially reduced, in determining whether there is a significant discrepancy between such reduced actual working hours and the shortened prescribed working hours, consideration must be given to the ratio, frequency, and abruptness, etc. of the reduction in prescribed working hours.
C. Meanwhile, the fact that the parties to the employment relationship voluntarily agreed to shorten the prescribed working hours does not weaken the purport and normative force of the special provision at issue in this case as a mandatory statute; therefore, even if the prescribed working hours were set by the parties' free will, if it can be evaluated that they were merely nominally set with the intent to evade the application of the special provision at issue in this case, it is difficult to recognize the validity of such agreement.
2. Judgment of the Court Below
The court below determined, for the following reasons, that the agreements to shorten the prescribed working hours in 2013 and 2015 could not be conclusively held void.
A. The 2013 agreement to shorten the prescribed working hours shortened the daily prescribed working hours of 6 hours and 40 minutes under the 2009 wage agreement to 4 hours and 20 minutes. The above 6 hours and 40 minutes was calculated by dividing the weekly statutory working hours of 40 hours prescribed under the Labor Standards Act (근로기준법) by 6 days, and was not an appropriate prescribed working hours agreed upon through serious consideration and review of the working pattern, actual working hours, transport revenue, etc. in the taxi industry; it was only in the 2013 wage agreement that a specific prescribed working hours was agreed upon through a substantive agreement between labor and management, and therefore this should not be readily concluded to be void.
B. In 2013, taxi fares were raised, and a wage agreement was concluded accordingly. At the time, Daejeon Metropolitan City issued administrative guidance urging restraint in raising the standard transport revenue quota (기준운송수입금), and taxi driver-employees also strongly opposed raising the standard transport revenue quota. Accordingly, the Daejeon Regional Headquarters of the △△△ Labor Union and the Daejeon □□□ Association, the employers' association to which the Defendant (Counterclaim Plaintiff, hereinafter referred to as the "Defendant") belongs, agreed on equal footing, through their own autonomous agreement, to maintain the fixed wage as before, while allowing taxi driver-employees to take the entire amount of the increase in transport revenue resulting from the fare increase as excess transport revenue (초과운송수입금). As a result, despite the shortening of the prescribed working hours, the actual income of the taxi driver-employees increased.
C. Since the 2010s, the taxi operating environment has changed considerably, including through the proliferation of call-taxi applications. Furthermore, taxi fares in Daejeon Metropolitan City increased by approximately 43% from 2009 to 2019, whereas the Defendant's standard transport revenue quota during the same period increased by only about 21%; and while the average daily revenue per vehicle increased due to the fare increase, the number of daily trips per vehicle and the operating hours (actual driving hours) decreased. Accordingly, it may be found that the working pattern and operating hours of the taxi driver-employees changed both quantitatively and qualitatively.
3. Judgment of the Supreme Court
However, the above judgment of the court below is difficult to accept for the following reasons.
A. The 2009 wage agreement expressly provided for daily prescribed working hours of 6 hours and 40 minutes, and there is no sufficient material to find that these prescribed working hours were merely nominally established or that they were unilaterally determined by the Defendant without agreement between labor and management. Rather, the special provision at issue in this case was amended and promulgated on March 21, 2008 and took effect in Daejeon Metropolitan City on July 1, 2009, and it appears that the Daejeon Regional Headquarters of the △△△ Labor Union and the Daejeon □□□ Association, being aware of this, concluded the 2009 wage agreement on July 30, 2009 after substantive negotiations.
B. On May 2, 2013, the Daejeon □□□ Association concluded a wage agreement with the Daejeon Regional Headquarters of the △△△ Labor Union setting the daily prescribed working hours at 4 hours and 20 minutes, a 35% reduction from the previous 6 hours and 40 minutes. The amount calculated by applying the previous prescribed working hours (excluding weekly rest hours) to the comparison wage under the prior wage agreement was nearly identical to the statutory minimum wage for 2013, such that the Defendant was in a situation where it would have immediately violated the Minimum Wage Act had it not shortened the prescribed working hours as described above. Thereafter, as the minimum wage continued to rise, the Defendant further shortened the daily prescribed working hours to 3 hours and 40 minutes in the wage agreement that took effect on September 1, 2015, which was not only a 45% reduction from the original prescribed working hours of 6 hours and 40 minutes, but also a period of time that is difficult to regard as the daily working hours of an ordinary employee.
C. The actual working hours of a taxi driver-employee include not only operating hours but also preparation time and waiting time; considering the actual driving conditions, the level of the fixed wage, and the rate of increase in consumer prices of taxi driver-employees located in Daejeon Metropolitan City, such as the Plaintiff (Counterclaim Defendant, hereinafter referred to as the "Plaintiff"), it is presumed that there was a significant discrepancy between the Plaintiff's actual working hours and the prescribed working hours shortened by the above agreement. Meanwhile, circumstances such as the fare increase during the above period or the decrease in the average number of trips, etc. are merely related to the reduction of working hours or operating hours for taxi driver-employees working under the fixed-amount quota system in order to earn the standard transport revenue quota, and do not necessarily lead to a reduction in the actual working hours of the taxi driver-employee; therefore, such circumstances do not in themselves signify a change in the actual working pattern or working hours. Furthermore, considering the ratio and abruptness, etc. of the reduction in prescribed working hours as noted above, even if the Plaintiff's actual working hours were partially reduced, such change in working hours and working pattern cannot be found to have been sufficient to correspond to the shortened prescribed working hours.
D. Even if the taxi driver-employees opposed the increase in the standard transport revenue quota and the labor union voluntarily agreed to shorten the prescribed working hours, the validity of the agreement to shorten the prescribed working hours must be determined focusing on whether there was a purpose to evade the application of the Minimum Wage Act, together with whether there is a significant discrepancy between the actual working hours and the prescribed working hours shortened by the agreement, and the agreement to shorten the prescribed working hours does not become valid merely because of such circumstances.
E. Examining the above circumstances in light of the legal principles set forth above, there is room to view the 2013 and 2015 agreements to shorten the prescribed working hours as acts in circumvention of the law intended to evade the application of the special provision at issue in this case. Nevertheless, the court below, relying solely on the circumstances stated in its judgment, determined that all of the above agreements to shorten the prescribed working hours were valid. Such judgment of the court below contains an error that violates the rules of logic and experience, exceeds the limits of the principle of free evaluation of evidence, and misapprehends the legal principles concerning the validity of agreements on prescribed working hours, thereby affecting the judgment.
4. Conclusion
Therefore, the judgment below is reversed, and the case is remanded to the court below for further hearing and determination. This judgment is rendered as stated in the Order, with the unanimous concurrence of the participating Justices.
Justice Kwon Young-jun (Presiding Justice), Justice Lee Dong-won (Justice in Charge), Justice Kim Sang-hwan, Justice Shin Sook-hee