All appeals are dismissed.

The costs of appeal are assessed against the defendant.

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

1. As to the ground of appeal No. 1, the lower court determined that the instant basic bonus, minimum incentives, health management expenses, traffic support expenses, meal support expenses, and heating support expenses constituted ordinary wages, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the requirements, etc. of ordinary wages, contrary to what is alleged in the grounds of appeal.

2. Regarding ground of appeal No. 2

A. In a case where the contents of a labor-management agreement, such as a collective agreement, are invalid in violation of the Labor Standards Act’s compulsory provisions, if the assertion on the invalidation is rejected on the ground that it is an exercise of rights contrary to the good faith principle, it would be an outcome to distort the legislative intent of the compulsory provisions, and thus, such assertion cannot be

However, since the contents of the labor-management agreement violate the compulsory provisions of the Labor Standards Act, it does not exclude the application of the good faith principle without exception to the allegation that the labor-management agreement is invalid.

In addition to the general requirements for applying the principle of good faith, the assertion that the labor-management agreement is null and void cannot be permitted because it violates the principle of good faith, only in exceptional cases where there are extenuating circumstances that agree to preferentially apply the principle of good faith despite the mandatory nature of the Labor Standards Act.

Under the premise that a regular bonus in a labor-management agreement does not per se constitute ordinary wages, if the labor-management agreement agrees to exclude a regular bonus from the calculation standard of ordinary wages and sets wage level on the premise thereof, the employer is seeking additional statutory allowances by adding regular bonuses to ordinary wages.