Article 6(Effect of minimum wage) #
(1) Each employer shall pay employees covered by the minimum wage, at least the minimum wage amount or more.
(2) No employer may lower the previous wage level on the ground of the minimum wage determined under this Act.
(3) Where a labor contract between an employer and an employee covered by the minimum wage provides for a wage below the minimum wage amount, the relevant stipulation concerning the wage shall be null and void and the invalidated part shall be considered to stipulate that the same wage as the minimum wage amount determined under this Act shall be paid.
(4) Wages regularly paid at least once per month shall be included in the wages referred to in paragraphs (1) and (3); provided, none of the following wages shall be included: <Amended on Jun. 12, 2018>
1. Wages, other than those paid for the contractual working hours under Article 2 (1) 8 of the Labor Standards Act (hereinafter referred to as "contractual working hours") or the contractual working days, which are prescribed by Decree of the Ministry of Employment and Labor;
2. Bonuses and others equivalent thereto, which amount to 25/100 of the monthly conversion amount calculated based on the hourly minimum wage amount of the relevant year, among the monthly payment amount of wages prescribed by Decree of the Ministry of Employment and Labor;
3. Any of the following wages for subsidy for living or welfare of employees, such as food, accommodation, and transportation expenses:
(a) Wages, other than those paid in a currency;
(b) Parts corresponding to 7/100 of the monthly conversion amount calculated based on the hourly minimum wage amount of the relevant year, among the monthly payment amount of wages paid in a currency.
(5) Notwithstanding paragraph (4), the scope of wages included in the minimum wage of drivers in taxi transport business pursuant to Article 3 of the Passenger Transport Service Act and subparagraph 2 (c) of Article 3 of the Enforcement Decree of the same Act shall be wages prescribed by Presidential Decree other than the wages calculated on the basis of the output.
(6) Paragraphs (1) and (3) shall not oblige any employer to pay wages for the hours or days which an employee has not worked due to any of the following reasons:
1. Where an employee has not worked the contractual working hours or contractual working days due to the employee’s own reason;
2. Where an employer has not let an employee work the contractual working hours or contractual working days for a justifiable reason.
(7) In cases of performing a project on a piecework basis, when a contractor pays employees wages below the minimum wage amount due to any reason for which a contractee is liable, both the relevant contractee and contractor shall be jointly and severally liable therefor.
(8) The scope of reasons for which a contractee is liable under paragraph (7) shall be as follows:
1. An act of a contractee which sets the unit price of labor costs below the minimum wage when entering into the contract;
2. An act of a contractee which lowers the unit price of labor costs below the minimum wage during the term of the contract.
(9) Where a project is performed under a contract for work made at least twice, "contractor" in paragraph (7) and "contractee" in paragraphs (7) and (8) shall be construed as "subcontractor" and "immediate upper tier contractor (a contractor who directly awards a subcontract to a subcontractor)", respectively.
[This Article Wholly Amended on Mar. 21, 2008]