A. The Plaintiffs were those who worked as H with Defendant G, and the Defendant calculated and paid excess work allowances based solely on their basic pay. Besides, it should include household preservation allowances, additional continuous service charges, fixed meal expenses, transportation subsidies, job allowances, dangerous allowances, and terminal work allowances in calculating ordinary wages. As such, according to the increase in ordinary wages, the Defendant should additionally pay overtime allowances, overtime work allowances, night work allowances, and night work allowances to the Plaintiffs, and as such, the amount of retirement allowances should also be additionally paid since the average wage for the last three months is increased due to the increase in the allowances to be paid.

원고들의 청구는 2015. 9. 8.자 청구취지 및 청구원인 변겅신청서에 첨부되어 있는 별지2와 2015. 12. 15.자 참고자료 별지를 통해 세부적인 청구원인을 파악할 수 있다.

B. In addition to the Defendant’s basic pay, continuous service additional charges, job allowances, and risk allowances can be deemed as ordinary wages, but the remainder of the allowances is not so.

In particular, it is not necessary to pay weekly leave allowances to the plaintiffs who were paid monthly leave allowances.

Finally, Article 56 of the Labor Standards Act provides that a premium for night work shall be paid in addition to 50% of the ordinary wage, even after payment in addition to 50% of the ordinary wage for overtime work or holiday work, it cannot be said that the premium should be paid in addition to 50% of the ordinary wage for night work.

2. Determination

A. Determination of the scope of wages that belong to ordinary wages shall be based on the objective nature of whether the wage falls under ordinary wages, or not, as a reward for contractual work, whether the wage is regularly, uniformly, and uniformly paid to the worker.

(1) In order for a certain wage to belong to ordinary wages, it shall be regular.