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(영문) 대법원 2015.08.19 2012다119351

임금

Text

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

Reasons

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

1. As to the ground of appeal by the Plaintiff (Appointed Party)

A. With respect to the scope of ordinary wages, the standards for calculating additional wages for overtime, night and holiday work, pre-announcement of dismissal, annual leave allowances, etc., and the minimum amount of average wages are money and other valuables agreed to be paid for contractual work ordinarily provided by the worker during contractual work hours, which are regularly and uniformly paid.

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.

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, “specified condition” should be a fixed condition in light of the concept of ordinary wage to calculate a fixed and average wage.

Furthermore, in order for a certain wage to belong to ordinary wages, it must be paid fixedly.

This refers to “a fixed nature in which it is determined that a worker will be naturally paid for work provided regardless of his/her achievements, achievements, or other additional conditions,” and “fixed wages” refers to the minimum amount of wages that a worker who has worked on an optional day, regardless of the name of the wage, retires from office on the next day even if he/she retires on the next day.

Therefore, workers.

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