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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. When entering into an employment contract with E, the Defendant agreed to pay KRW 3,800 per hour less 10% of the minimum wage amount. This is in accordance with the Enforcement Decree of the Minimum Wage Act, the Defendant may pay the amount calculated by subtracting 10% of the minimum wage from the minimum wage amount for “persons employed in a probationary period who are within three months from the date on which the probationary period is used.” Thus, the Defendant did not err.
B. The Defendant has increased working hours to give monetary stamp to E, but as a result, it is unreasonable to claim the Defendant with the distribution rate of convenience to the Defendant on the ground that he/she fell under the requirements to claim weekly holiday allowances.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court, the Defendant paid the amount calculated by subtracting 10% from the statutory minimum wage per hour to E, and the fact that the period of service at the convenience store in the decision of the Defendant’s management is about four months. According to the main sentence of Article 5(2)1 of the Minimum Wage Act and Article 3(1) of the Enforcement Decree of the same Act, the amount calculated by subtracting 10% from the statutory minimum wage is determined as the hourly minimum wage amount for “a person who is in a probationary period and is within three months from the date on which he/she is in a probationary period,” but the proviso of Article 5(2)1 of the Minimum Wage Act excludes where “a person who has concluded a labor contract with a period less than one year can determine the minimum wage below the statutory minimum wage amount.
As seen earlier, inasmuch as E is only about four months employed and worked for the defendant, E shall be deemed to constitute “worker” who entered into a labor contract with a period of less than one year and thereby less than 10% of the statutory minimum wage.