The part concerning the defendant's failure is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

1. Article 6(1) of the Minimum Wage Act provides that “An employer shall pay wages exceeding the minimum wage amount to the workers subject to the minimum wage.”

Article 2(4) of the Labor Standards Act provides that “The wages, other than those paid periodically once or more a month, which are determined by the Minister of Employment and Labor (Article 2(1)1), “the wages, other than those paid for the contractual work hours or the prescribed working days under Article 2(1)7 of the Labor Standards Act, which are determined by the Minister of Employment and Labor (Article 2(1)2),” and “other wages determined by the Minister of Employment and Labor as inappropriate to be included in the minimum wage amount (Article 2(1)3)

Furthermore, the Enforcement Rule of the Minimum Wage Act sets forth the scope of wages not included in the minimum wage (hereinafter “wages excluded from the minimum wage”) under Article 2 [Attachment 1].

Therefore, whether the paid wage falls short of the minimum wage ought to be determined by comparing the amount of the wage (for the purpose of applying the minimum wage as the wage for the application of the minimum wage, hereinafter “non-paid wage”) with the minimum wage amount, excluding the paid wage.

According to this, paid holiday allowances, which are wages for paid holidays paid at the weekly wage system or monthly wage system, are regularly paid at least once a month for the prescribed work, and do not constitute “wages excluded from the minimum wage calculation”, and are included in the comparative wage.

In addition, Article 5 (1) 2 and 3 of the Enforcement Decree of the Minimum Wage Act is the amount calculated by dividing the wages paid on a weekly or monthly basis among comparable wages by the number of contractual work hours per week or per month.