1. Of the part concerning the counterclaim of the first instance judgment, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordered to pay.

1. The reasoning of the court’s explanation concerning this case is as follows, except for the case’s 3 to 9-10 copies below the 6th of the judgment of the first instance, and the part of the reasoning of the judgment of the first instance is the same as that of the part of the judgment of the first instance. Thus, this is accepted by the main text of Article 420 of the Civil Procedure Act.

2. As to the portion above, an employer is obligated to pay wages exceeding the minimum wage amount to the workers subject to the minimum wage (Article 6(1) of the Minimum Wage Act). Whether the paid wages fall short of the minimum wage provided under the Minimum Wage Act should be determined by comparing the actual paid wages with the minimum wage amount (hereinafter “non-paid wages”).

(See Supreme Court Decision 2006Da64245 Decided January 11, 2007, etc.). In other words, the Plaintiff’s total wage should be calculated based on the Plaintiff’s total wage and comparison with the hourly minimum wage. As such, the Plaintiff’s contractual work hours are first determined and calculated based on the Plaintiff’s hourly wage, the comparative wage per hour and the minimum wage per hour should be compared.

2) In the event that the total amount of wages, including the allowances, was paid under the comprehensive wage system under the inclusive wage system, whether the total amount of wages falls short of the minimum wage ought to be determined on the basis of the basic wage, excluding the wages and additional wages for overtime work, night work, etc., from the total amount of wages received by the employee.

(see, e.g., Supreme Court Decision 2014Do12265, Dec. 24, 2014). In the instant case, the wages paid by the Defendant to the Plaintiff under the comprehensive wage system as seen earlier include the premium for overtime and night work, and thus, the comparative wage is intended to be calculated.