MINIMUM WAGE ACT [See entire ACT]
CHAPTER Ⅲ Determination of Minimum Wage
- Article 8 (Determination of Minimum Wage)
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(1) The Minister of Employment and Labor shall determine the minimum wage by August 5 of every year. In such cases, the Minister of Employment and Labor shall request deliberation by the Minimum Wage Commission under Article 12 (hereinafter referred to as the "Commission") as prescribed by Presidential Decree, and shall determine the minimum wage according to the minimum wage proposal which has been deliberated on and decided by the Commission.
(2) Where the Commission receives a request for deliberating on the minimum wage under the latter part of paragraph (1), it shall do so and shall decide a minimum wage proposal to submit it to the Minister of Employment and Labor within 90 days from the date of receipt of the request for deliberation.
(3) If the Minister of Employment and Labor deems it difficult to determine a minimum wage according to the minimum wage proposal which is deliberated on and submitted by the Commission under paragraph (2), he/she may request, within 20 days, the Commission to redeliberate on the proposal for a fixed period of at least 10 days, indicating the reasons for such request.
(4) The Commission shall, upon receiving a request for redeliberation under paragraph (3), redeliberate on the proposal and submit the result thereof to the Minister of Employment and Labor within the prescribed period.
(5) If the Commission redecides the initial minimum wage proposal referred to in paragraph (2) in making a redeliberation under paragraph (4) with attendance of a majority of all members and by the concurrent vote of 2/3 of the members present, the Minister of Employment and Labor shall decide the minimum wage according to the proposal.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 7 (Request for Deliberation of the Minimum Wages Commission)
The Minister of Employment and Labor shall request the Minimum Wage Commission (hereinafter referred to as the "Commission") to deliberate on the minimum wage by the 31st of March every year under Article 8 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 8 (Public Notice of Minimum Wage Proposal)
If the minimum wage proposal has been submitted to the Minister of Employment and Labor by the Commission under Article 8 (2) of the Act, the Minister of Employment and Labor shall, without delay, publicly notify the minimum wage proposal by type of business or workplace (hereinafter referred to as "business") and the scope of applicable business under Article 9 (1) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 9 (Raising of Objection to Minimum Wage Proposal)
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(1) When the minimum wage proposal is submitted to the Minister of Employment and Labor by the Commission under Article 8 (2), the Minister of Employment and Labor shall publicly notify the proposal, as prescribed by Presidential Decree.
(2) If a representative of employees or employers has any objection to the minimum wage proposal publicly notified under paragraph (1), the representative may raise an objection to the Minister of Employment and Labor, as prescribed by Presidential Decree, within 10 days from the date the minimum wage proposal is publicly notified. In such cases, the scope of a representative of employees or employers shall be prescribed by Presidential Decree.
(3) If the Minister of Employment and Labor deems an objection raised under paragraph (2) to be reasonable, he/she shall request the Commission to redeliberate on the minimum wage proposal under Article 8 (3), specifying the contents of the objection.
(4) With respect to the minimum wage proposal on which a request for redeliberation has been made under paragraph (3), the Minister of Employment and Labor shall not determine the minimum wage until the Commission submits a minimum wage proposal redeliberated on and decided under Article 8 (4).
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 9 (Raising of Objection to Minimum Wage Proposal)
A person who intends to raise an objection under the former part of Article 9 (2) of the Act shall submit to the Minister of Employment and Labor a written objection clearly indicating the following matters:
1. Name, address, post, and position of the person raising an objection;
2. Main points of the minimum wage proposal for the type of business subject to objection;
3. Reasons for and contents of objection.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
Enforcement Ordinance
- Article 10 (Scope of Representative of Employees or Employers Qualified to Raise Objections)
A representative of employees under the latter part of Article 9 (2) of the Act shall be the representative of the confederation of trade unions or the industrial federation of trade unions and a representative of employers shall be the representative of the nationwide organized employers’ association which is designated by the Minister of Employment and Labor.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
- Article 10 (Public Notice and Taking Effect of Minimum Wage)
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(1) When the Minister of Employment and Labor determines the minimum wage, he/she shall publicly notify its contents without delay.
(2) The minimum wage publicly notified under paragraph (1) shall enters into force beginning on January 1 of the next year: Provided, That the Minister of Employment and Labor may, if deemed necessary, may determine a separate effective date by each type of business, taking into consideration the wage bargaining period, etc.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
- Article 11 (Obligation to Give Notice)
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Any employer to whom the minimum wage applies shall notify the employees of the relevant minimum wage by displaying it at a conspicuous place or by using other appropriate means, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8964, Mar. 21, 2008]
Enforcement Ordinance
- Article 11 (Obligation to Give Notice)
(1) Details of the minimum wage which an employer shall notify to employees under Article 11 of the Act shall be as follows:
1. The minimum wage amount for the employees concerned;
2. Wages not included in the minimum wage under Article 6 (4) of the Act;
3. Scope of employees in the business concerned to whom the minimum wage does not apply under Article 7 of the Act;
4. Effective date of the minimum wage.
(2) The employer shall notify employees of the details of the minimum wage under paragraph (1) by one day prior to the effective date of the minimum wage under Article 10 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 21572, Jun. 26, 2009]
