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All appeals are dismissed.
Of the costs of appeal, the part between W and the Defendant, which is the lawsuit acceptance of Plaintiff deceased M.
Reasons
The grounds of appeal are examined.
1. The lower court, based on its stated reasoning, calculated the monthly minimum wage and the comparative wage by calculating the monthly contractual work hours based on 40 hours per week as stipulated in the wage agreement in 2008, based on the monthly contractual work hours from July 201 to July 201, deeming that it is unnecessary to consider the weekly work hours related to the calculation of the minimum wage rate for the portion of wages from July 201.
Examining the record in accordance with the relevant legal doctrine, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the calculation of monthly contractual work hours.
2. On the grounds of appeal by the Defendant, the lower court rejected the Defendant’s assertion that the instant agreement contains “an agreement to calculate the minimum wage based on the retroactive application of the wage agreement in 2011 from July 1, 2010,” and that “the monthly contractual work hours for calculating the minimum wage amount for the portion of wages from July 1, 2010 to July 201 shall be calculated as 130.4 hours under the wage agreement in 2011.”
Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
Of the Defendant’s grounds of appeal, the Defendant’s assertion that the instant agreement and the monthly wage agreement in 2011 ought to be applied retroactively to the monthly fixed work hours for calculating the minimum wage amount is related to the lower court’s provisional determination on the family register. As seen earlier, the lower court’s determination that the instant agreement did not include “an agreement to calculate the minimum wage by retroactively applying the wage agreement in 2011 from July 1, 2010” was justifiable.