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The judgment below is reversed, and the case is remanded to Busan High Court.
Reasons
The grounds of appeal are examined.
1. As to the end-time allowance, the fixed-time allowance, the physical training expenses, and the holiday leave expenses
A. The court below rejected the Defendant’s assertion that the Defendant’s payment of the weather allowance, fixed-time allowance, physical training allowance, and holiday allowance is not included in ordinary wages due to lack of fixedness, on the ground that the Defendant’s payment of the weather allowance, etc. was made only to employees employed at a certain time or at a certain time, the aforementioned weather allowance, etc. was not included in ordinary wages, but is a fixed wage regularly and uniformly paid for work.
B. In light of the relevant legal principles and records, the lower court’s conclusion rejecting the Defendant’s aforementioned assertion is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules
2. As to the payment of premium pay for holiday work and premium pay for overtime work in duplicate
A. With respect to the plaintiffs' assertion that working hours on holidays should be paid in duplicate with 150% of the holiday work allowance and 50% of the overtime work allowance exceeding 40 hours a week, the lower court determined that, on the grounds stated in its reasoning, where the work constitutes overtime work and at the same time, where the work constitutes holiday work, it should be calculated by adding 50% of the ordinary wage to the said hours.
B. However, it is difficult to accept the above determination by the lower court for the following reasons.
The hours of holiday work under the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “former Labor Standards Act”) shall be deemed not to be included in the standard weekly working hours and weekly overtime working hours. As such, premium pay for holiday work.