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(영문) 광주고등법원(제주) 2016.09.21 2013나227
임금 등
Text

1. Of the judgment of the court of first instance, each of the amounts stated in the separate sheet “official fees” against the plaintiffs is equivalent to each of the corresponding amounts.

Reasons

1. The reasons why the court should explain this part of the basic facts are as follows: (a) under the part of the judgment of the court of first instance, the following is deleted; (b) the phrase “base for calculation of night work allowance” in the “wages calculation table” is removed; (c) the phrase “base for calculation of night work allowance” in the “wages calculation table” is removed as “(one hour a day)”; and (d) the phrase “base for calculation of annual compensation” in the “wages calculation table” is the same as the part of paragraph (1) of the judgment of the court of first instance, except that the term “number of days of annual leave” in the “number of 16 days”; and (e) the same is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The court's explanation on this part of the parties' assertion is the same as the reasons stated in Paragraph 2 of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure

3. Determination as to the scope of ordinary wages

A. Ordinary wages under the Labor Standards Act as to whether continuous service allowances, etc. constitute ordinary wages are determined based on the calculation of premium pay, annual allowance, etc. for overtime, night and holiday work hours, refers to money and valuables agreed to be paid as remuneration for contractual work, which is ordinarily provided to an employee for contractual work hours. Whether certain wages belong to ordinary wages or not shall be determined according to the objective nature based on whether such wages are regularly and uniformly paid as money and valuables paid to an employee for contractual work, and shall not be determined by formal criteria such as the name of the wage or the length of the payment cycle thereof.

The fact that a certain wage must be regular in order to belong to ordinary wages means that the wage should be continuously paid at regular intervals.

Wages with the nature to belong to ordinary wages are regularly made periodically at intervals exceeding one month.

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