임금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The reasoning of the court's explanation concerning this case is as follows, and the corresponding part of the judgment of the court of first instance is the same as that of the plaintiff in addition to the following modification of Article 3(a) of the reasoning of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination
A. Whether certain wages belong to ordinary wages or not shall be determined according to the objective nature based on whether the said wages are regularly and uniformly paid to workers as money and valuables paid to workers for contractual work. It is not determined according to formal standards, such as the name of the wages or the length of the payment cycle.
The term “fixedness” in this context refers to “the nature, regardless of its achievements, achievements, and other additional conditions, which is confirmed to be naturally paid for the work provided by an employee.” The term “fixed wage” can be defined as “minimum wage to be paid automatically and finally in return for the daily work even if an employee who has worked on an optional day, regardless of the name of the wage, retires from office on the next day after such day.” Inasmuch as a wage with fixedness is expected to be paid naturally regardless of whether an employee satisfies additional conditions, if he/she provides a contractual work on the voluntary day, the payment is determined in advance.
On the contrary, even if an employee provides contractual work, the part of the wage whose amount is changed depending on whether the employee satisfies the additional conditions or whether the wage is paid or not shall not be deemed fixed.
The term “wages paid only when meeting certain working days” is paid when the additional conditions that meet certain working days are satisfied in addition to the provision of contractual labor, and such conditions are paid.