The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

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

1. The ordinary wages, the legal principles on ordinary wages, which provide for an extended, night, holiday work, basis for calculating additional wages, advance notice of dismissal, annual leave allowances, etc., and the minimum amount of average wages, mean the wages regularly and uniformly paid, as the money and valuables agreed to be paid for the contractual work (total work in cases of the contracted worker), which is ordinarily provided for the contractual work hours;

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 stated in this context refers to a condition that is not yet determined at the time of providing an extended and night holiday work on a voluntary day. Thus, in a case 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 during a certain continuous service period, it does not interfere with 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 the worker had performed a contractual work, is determined to