1. As to the grounds of appeal by the plaintiff (appointed party) and the defendant as to the scope of ordinary wages

(a) The ordinary wages as prescribed by the Labor Standards Act in terms of the calculation of additional wages, advance notice of dismissal, annual leave allowances, etc. for overtime, night or holiday work and the minimum amount of average wages means the money and valuables which are regularly and uniformly paid, which are agreed to be paid in return for the prescribed working hours ordinarily provided by the worker;

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, “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.

The term "fixedness" means work provided by an employee.