1. Regarding ground of appeal No. 1

(a) Ordinary wages under the Labor Standards Act as the basis for calculating premium wages, advance notice of dismissal, annual leave allowances, etc. for overtime, night or holiday work and the minimum amount of average wages means money and valuables agreed to be paid in return for contractual work (total work in cases of a contractor worker) ordinarily provided for in contractual work hours, which are regularly and uniformly paid;

A regular wage is a continuous wage paid at a certain interval, and a wage paid at a certain interval, such as a regular bonus, cannot be deemed excluded from ordinary wage solely on the ground that the period of payment exceeds one month.

In addition, the uniform payment of wages includes not only the payment to all workers, but also the payment to all workers who meet a certain condition or standard, and the term “specified condition” means a fixed condition in light of the concept of ordinary wages to calculate a fixed and average wage.

Finally, fixed wage means the day immediately following the day on which a worker who has worked on a voluntary day regardless of its title.

Even if a worker's wage is paid for his/her daily work, it refers to the minimum amount of wage to be paid automatically and definitely. Thus, if a worker provides contractual work on a voluntary day, regardless of whether the worker satisfies additional conditions, it can be deemed that the wage determined in advance has fixedness.

The conditions mentioned here are to provide workers with overtime and night work on a voluntary day.