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

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

1. Legal principles concerning ordinary wages

A. Article 32(1) of the Constitution provides that “The wage that an employee receives from an employer is one of the most important working conditions as a resource for the maintenance of the basic livelihood of the employee.” Thus, the Constitution imposes the obligation to endeavor to guarantee the State to pay a reasonable wage and the obligation to implement the minimum wage system as prescribed by the Act, and the standard of working conditions under Article 32(3) of the same Act provides that “The Minimum Wage Act provides for the standard of minimum wage.” Furthermore, Article 2(1)5 of the Labor Standards Act provides that “The wage refers to all money and valuables that an employer pays to an employee as remuneration for work, such as wages, salary, and any other name, regardless of which the employer pays to an employee as remuneration for work.” However, the wage that an employer pays to an employee is determined by a labor contract between the employer and the employee, but may increase or decrease working hours or work performance, and may be determined depending on whether to pay wages or whether to pay wages, or on the terms and conditions of labor not related to work.”

The Labor Standards Act shall prepare the type of “average wage” and “ordinary wage” in consideration of the increase, decrease, etc. of wages as above, and thereby set the standards of working conditions through which the working conditions under the employment contract fall short of such standards, the part that falls short of such standards.