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(영문) 대법원 2015.06.11 2013다7660

임금

Text

Of the judgment of the court below on the designated parties, including the plaintiff (appointed parties).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Plaintiff (Appointed Party) and the Defendant, the standard for calculating additional wages for overtime, night work, pre-announcement of dismissal, annual leave allowances, etc., and the minimum amount of average wages as to the scope of ordinary wages refers to the money and valuables agreed to be paid periodically, uniformly and fixed as compensation for contractual work, which are ordinarily provided by the employee during contractual work hours.

Whether a certain wage falls under ordinary wages shall be determined according to the objective nature of the wage, based on whether the wage is a money or goods paid to an employee for a contractual work, which is regularly and uniformly paid to an employee. It shall not be determined by the formal criteria, such as the name of the wage or the length of the payment cycle.

Here, the term "fixed working hours" refers to money and valuables agreed to be paid by an employer and an employee with respect to the labor normally provided for in contractual work hours.

The fact that a certain wage must be regular in order to belong to ordinary wages means that the wage should be continuously paid at regular intervals.

In addition, in order for a certain wage to belong to ordinary wages, it shall have the nature of uniform payment, and uniform payment includes not only the payment to all workers, but also the payment to all workers who meet certain conditions or standards.

Here, the term "specified condition" is intended to calculate a fixed and average wage.

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