The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul 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 as prescribed by the Labor Standards Act in terms of the calculation of premium wages, advance notice of dismissal, annual leave allowances, etc. for overtime, night or holiday work and the minimum amount of average wages means the money and valuables which are regularly and uniformly paid, in return for the prescribed working hours ordinarily provided by the worker;

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 order for a certain wage to belong to ordinary wages, it shall have the nature of uniform payment, and uniform payment includes not only the payment to all workers, but also the payment to all workers who meet certain conditions or standards.

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.

The condition here 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, the condition is added to the facts of the king, the fulfillment of which has already been determined at the above time, such as having a specific career or having a certain continuous service period.