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The judgment below
The part against the Defendants is reversed, and that part of the case is remanded to the Daegu High Court.
Reasons
The grounds of appeal are examined.
1. (1) In a case where a certain amount of wages is paid on a daily basis according to the number of working days by prescribing to pay a certain amount of wages for every working day, the amount is different depending on the actual number of working days. However, in a case where a worker provided contractual labor on a voluntary date, the payment of a certain amount is determined to be made. As such, such wages constitute fixed wages.
On the other hand, the fixedness can be recognized because there is no substantial difference between the payment on a daily basis for each working day and the payment on a daily basis according to the working days, without setting the method of calculation on the basis of the working
(2) The lower court determined that the Defendants’ payment of the full-time allowance paid to the street cleaners employed in 2009 and 2010 in accordance with the instant full-time allowance provision was based on a monthly fixed amount of money paid to the street cleaners employed in the year 2009 and 2010, and that the payment was made on a daily basis when sick workers and without permission are absent from work, and that the payment was made on a monthly basis as a fixed basis, which was made on a monthly basis in return for their work hours employed in a certain fixed period of working, and that the payment was made on a regular and uniform basis as a fixed basis.
(3) Examining the records in accordance with the aforementioned legal principles, the lower court’s aforementioned determination is justifiable.
In so doing, there were no errors by misapprehending the legal principles on ordinary wages.
2. (1) With respect to a holiday bonus, wages, regardless of whether or not an employee has worked for a contractual term, which shall be paid only to an employee in service at a payment date or any other specific time, shall meet the qualification requirements for receiving wages at a specific time.
Such wages shall not be paid to a person who has provided labor at a certain time.