All appeals are dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

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

1. Claims related to the agreement on the comprehensive wage system (No. 1 point);

A. In a case where an employer and an employee enter into a labor contract, the principle is to determine the basic wage and pay them in addition to various allowances based on it.

However, even if a wage payment contract or collective agreement was made pursuant to the so-called comprehensive wage system with the contents that the sum of various allowances is determined as monthly wage or daily wage without setting the basic wage, or that a certain amount is paid as various allowances, it is valid unless it is disadvantageous to workers.

However, whether an agreement on the comprehensive wage system has been established should be determined by comprehensively taking into account various circumstances, such as working hours, forms and nature of work, unit of wage calculation, collective agreement and employment rules, and actual condition of the same workplace.

Even where overtime night work is naturally expected to be overtime and night work in the form of work or nature of work, if a collective agreement, employment rules, and wage regulations clearly stipulate that overtime and night work allowances, etc. are paid in installments separately from basic pay, it cannot be deemed that an agreement on the inclusive wage system has been concluded.

(see, e.g., Supreme Court Decision 2008Da57852, Dec. 10, 2009). B.

The lower court concluded a collective agreement and a wage agreement with the purport that the Seoul Metropolitan Government Bus Transport Business Association, which is an employer organization to which the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) belongs and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) belongs, shall clearly divide and pay overtime, night work allowances, etc. into detailed items, separate from the basic salary.