Did the Village 'Wonnim' Knock? ... Taxi Labor and Management Both Embarrassed by Different Rulings from Each Court

Confusion Over 'Sojeong Geunrosigan' in Minimum Wage Lawsuit

Last Year, Favorable Ruling for Taxi Drivers, What About This Year?

Varies by Judge: "Luck of the Draw Depending on Who It Is"

Corporate taxi drivers who filed minimum wage lawsuits against their companies are facing difficulties as the verdicts vary between wins and losses.

Despite both sides making claims based on the same grounds in similar cases, both the plaintiff taxi drivers and the defendant taxi companies are anxiously awaiting the verdicts, experiencing emotional ups and downs. This is the reality unfolding in courts nationwide.

In Busan courts alone, over 530 taxi drivers filed minimum wage lawsuits against about 40 companies this year. Although the plaintiffs differ, out of 55 first-instance lawsuits concerning the same issue of minimum wage, the plaintiffs won in 7 cases, including some partial victories.

Last year, in courts across the country, plaintiffs?taxi drivers?had more wins in similar lawsuits. Encouraged by those rulings, taxi drivers filed numerous lawsuits, but since this year, the trend has reversed. This means that the flow of verdicts changed as the year turned, even for the same cases.

Even lawsuits filed by taxi drivers from the same company against their corporation received different rulings depending on the judge. This happened in rulings this year.

Busan’s M corporate taxi company lost 1 out of 5 lawsuits filed against it by taxi drivers this year. It won all 4 trials held in January and February, but unexpectedly lost a recent lawsuit it had reasonably expected to win.

Why did such inconsistencies occur in courts that are supposed to be strict and consistent?

The legal dispute centers on whether the agreement to reduce the “prescribed working hours” between the company and taxi drivers should be considered an illegal evasion (circumvention act) requiring the payment of minimum wage again. Different courts interpreted this issue differently, which determined the wins and losses.

This can only be interpreted as rulings favoring either the company or the labor side depending on the judge’s disposition.

One corporate taxi driver said, “My colleagues around me suggested joining the lawsuit or I was encouraged by someone from a lawyer’s office, but I’m worried about losing the case and wasting costs,” adding, “It would have been better if I had sued last year; it’s regrettable.”

Another taxi driver said, “It’s hard to decide to sue because I don’t know which judge I will get.”

Jang Seong-ho, director of the Busan Taxi Transportation Business Association, said, “The modern-day ‘won-nim verdicts’?where outcomes differ depending on the judge’s disposition?are causing confusion throughout the taxi industry,” and added, “Fair rulings reflecting reality, such as agreements on prescribed working hours between labor and management, are needed, and consistent standards on minimum wage should be established once again through the Supreme Court’s full bench.”