임금
All appeals are dismissed.
The costs of appeal are assessed against the plaintiff (appointed parties) and the appointed parties.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The ordinary wages as prescribed by the Labor Standards Act in terms of the basis for calculation of premium 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 for contractual work (total work in cases of the contracted worker), which is ordinarily provided for in contractual work hours, and are agreed to pay in return
Wages paid periodically or uniformly for a period exceeding one month may be included in ordinary wages, if it is paid periodically or uniformly.
In addition, fixed wage refers to “minimum wage that a worker who has worked on a voluntary day regardless of the name of the wage, regardless of the title of the wage, retires on the following day, and is entitled to receive a fixed and conclusive payment in return for the daily work.” Thus, if an employee provides contractual work on a voluntary day, regardless of the fulfillment of additional conditions, it can be deemed that the payment is planned to be made as a matter of course and the amount determined in advance is fixed.
Here, the condition referred to in this context refers to a condition that is not yet determined at the time of providing overtime and night work on a voluntary day. Thus, in cases where the fulfillment of the condition is added on the basis of the facts of the king, which has already been determined at the said time, such as having a specific career or having been completed during a certain continuous service period, it does not hinder the recognition of fixedness, but the wage that is to be paid only to a worker who is in office at the payment date or other specific time regardless of whether or not the worker had performed a contractual work, is in office at that specific point of time.