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Minimum Wage Act — Article 8 (Determination of minimum wage)

최저임금법 제8조

(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. <Amended on Jun. 4, 2010>

(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. <Amended on Jun. 4, 2010>

(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 or 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. <Amended on Jun. 4, 2010>

(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. <Amended on Jun. 4, 2010>

(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. <Amended on Jun. 4, 2010>[This Article Wholly Amended on Mar. 21, 2008]

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