1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff (appointed party) and the revoked part are revoked.

1. The reasons why this Court stated in each of the above parts are identical to the corresponding parts of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. Article 5(1)2 and 3 of the Enforcement Decree of the Minimum Wage Act provides that the amount calculated by dividing the wages paid on a weekly or monthly basis by the “number of contractual work hours per week or month” shall be the hourly wage for the calculation of the minimum wage amount.

However, the so-called weekly holiday allowances, which are wages for paid holidays paid in the weekly wage system or monthly wage system, are regularly paid not less than once a month for the prescribed work, and the comparative wage should be added in calculating the comparable wage. In addition to the weekly holiday allowances, there is no need to consider the working hours related to the weekly holiday allowances in calculating the weekly or monthly wage as the hourly wage, and thus, the “regular working hours per week or month” referred to in this context refers to the working hours as prescribed in Article 2(1)7 of the Labor Standards Act, and this cannot be the same as the “basic working hours for the calculation of the weekly or monthly ordinary wage” calculated under Article 6(2)3 and 4 of the Enforcement Decree of the Labor Standards Act.

(See Supreme Court Decision 2006Da64245 Decided January 11, 2007). Article 2(1)7 of the Labor Standards Act defines “fixed working hours” as “working hours determined between an employee and an employer” and as recognized earlier, the Defendant and the labor union stipulate that the monthly fixed working hours shall be 18 full hours through the instant collective agreement (Evidence A2) and the wage agreement (Evidence A (Evidence B B 1 and 2) in 2011, and the monthly fixed working hours shall be 8 hours per day, and the working hours shall be 8 hours per day, and it is clear that the paid holiday allowances shall be paid for working hours exceeding this limit (i.e., the number of working days from 19th day).