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The judgment below
The part against the defendant is reversed, and that part of the case is remanded to the Gwangju High Court.
Reasons
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 CCTV allowances, which uniformly paid 6,000 won a day according to the number of working days, constituted a fixed wage, regardless of actual work performance, on the ground that the CCTV allowances were regularly and uniformly paid.
Examining the above judgment of the court below in light of the relevant legal principles and records, it did not err in the misapprehension of legal principles as to the scope of ordinary wages, incomplete deliberation, and violation of the principle of pleading.
2. Regarding ground of appeal No. 2
(a) If the calculation of an hourly ordinary wage determined by a monthly wage rate is based on the amount calculated by dividing that monthly ordinary wage rate by the standard number of hours for the calculation of the monthly ordinary wage (the standard number of hours for the calculation of the weekly ordinary wage by the average number of weeks per year, divided by 12);
(Article 6(2)4 of the Enforcement Decree of the Labor Standards Act. However, in cases where an employee receives a monthly salary or a monthly fixed allowance in the form of a basic rate for agreed working hours in excess of the standard working hours stipulated in the Labor Standards Act, the fixed allowance paid in the form of a monthly salary or a monthly salary shall not be deemed ordinary wages, since the fixed allowance received in the form of a monthly salary or a monthly salary includes the wage for paid holidays stipulated in Article 55 of the Labor Standards Act and the wage for overtime work and night work stipulated in Article 56 of the same
Therefore, in this case, it is assumed that the working hours were worked on paid holidays, calculated total working hours by adding the agreed working hours (for extended hours and night work hours, each additional rate shall be considered), and then paid in the form of monthly salary or monthly salary, including the part of wage nature for paid holidays and the part of overtime work allowances.