The costs of appeal are assessed against each appellant.

1. Regarding the plaintiffs' grounds of appeal

A. Article 6(1) of the Minimum Wage Act provides that “an employer shall pay the worker to whom the minimum wage is applied the wages above the minimum wage amount” and Article 6(4) of the same Act provides that “other wages, other than those paid periodically once or more a month, as determined by the Minister of Employment and Labor (Article 2(1)1), other than those paid for contractual work hours or contractual work days under Article 2(1)7 of the Labor Standards Act, as 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 3)” shall not be included in the wages under paragraph (1). Furthermore, the Enforcement Rule of the Minimum Wage Act provides that the scope of wages that are not included in the minimum wage amount (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 calculation of the minimum wage”, and are included in the comparative wage.

In addition, Article 5 (1) 2 and 3 of the Enforcement Decree of the Minimum Wage Act provides for the wages paid on a weekly or monthly basis among comparable wages.