I work 8 hours a day from 09:00 to 18:00, Monday to Friday with the one hour lunchtime excluded. I do not work on weekends. Currently, I receive a basic salary of KRW 2 million per month. My boss has told me that he cannot raise my salary due to managerial constraints. I wonder whether my current salary violates the Minimum Wage Act in 2023?
The Minimum Wage Act applies to all workers who work in Korea regardless of nationality (excluding businesses that employ only relatives residing together, housekeepers, sailors subject to the Seamen Act and ship owners who use seamen, and workers who are significantly less able to work due to mental or physical disability and as accredited by the Minister of Employment and Labor).
The minimum hourly wage for 2023 is KRW 9,620. Based on administrative analysis of the Ministry of Employment and Labor, your minimum wage would be for eight hours a day, 40 hours a week, plus eight paid holiday hours per week under Article 55 of the Labor Standards Act, for a total of 48 hours paid per week. Since a month consists of an average of 4.345 weeks (365 days/12 months/7 days), the average monthly paid time is approximately 209 hours (48 hours × 4.345 weeks). Your minimum monthly wage should be KRW 2,010,580 (209 hours × KRW 9,620) or more, but your basic monthly salary is KRW 2 million, which is below the minimum wage.