1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Basic Facts

A. The Defendant is a company that aims at the management and operation of waste incineration facilities. The Plaintiff was a former employee of the Defendant, who joined on August 30, 200 and retired on October 24, 2014.

B. The Defendant paid overtime work allowances and annual leave allowances for 63 hours per month calculated on the basis of ordinary wage calculated (=(basic wage)/209 hours) based on the Plaintiff’s service period, excluding regular bonus, position allowances, and qualification allowances.

C. During the Plaintiff’s working period, the Defendant paid a regular bonus equivalent to 100% of the basic salary in the even number month, and 600% of the basic salary as of the annual basis only to the employee in office as of the 21st day of even number month.

[Reasons] Facts without dispute, Gap evidence Nos. 1 and 2, the whole purport of the arguments, the plaintiff's regular bonus, job allowance, and qualification allowance are ordinary wages, which are regularly, uniformly, and fixedly paid in return for contractual work. The defendant paid overtime work allowance and annual leave allowance to the plaintiff based on ordinary wages calculated except for this.

Therefore, the Defendant is obligated to pay the Plaintiff the difference between the overtime work allowance and the annual leave allowance and the above allowances already paid, which are calculated based on the determination of ordinary wages, including regular bonuses, job-related allowances, and qualification certificate allowances, for the period from November 201 to October 2014.

The defendant's assertion regular bonus is not ordinary wage because it is not fixed to be paid only when the worker is in office as of the payment date.

Provided, That the position allowance and qualification allowance are recognized as ordinary wages.

Judgment

Whether a regular bonus constitutes ordinary wage or not falls under the ordinary wage is the money and valuables paid to the worker for the agreed work.