The judgment below

Among them, the full attendance allowances of the plaintiffs (appointed parties) and the designated parties, and paid holidays other than the Workers' Day.

The grounds of appeal are examined.

1. On the grounds stated in its reasoning, the lower court determined that the Defendant’s continuous service allowance, bonus, and food expenses paid by the Defendant until January 201, 201 constituted ordinary wages on a regular, uniform, and fixed basis, based on the following grounds: (a) the Plaintiff (appointed parties; hereinafter “Plaintiff”) and the designated parties, as well as the Defendant’s grounds of appeal (excluding the Plaintiff’s assertion related to the I Mutual Aid Fund expenses paid by January 201) constituted ordinary wages.

In addition, it was determined that continuous service allowances, bonuses, driver's mutual aid allowance paid from February 201 does not constitute ordinary wages.

The judgment below

Examining the reasoning in light of the relevant legal doctrine, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the scope of ordinary wages, or by exceeding the bounds of free evaluation of evidence.

2. Determination on the grounds of appeal by the Plaintiff and the designated parties regarding the calculation of hourly ordinary wages

A. In a case where a fixed allowance paid in the form of a monthly salary or daily wage as a wage for agreed working hours in excess of the standard working hours prescribed under the Labor Standards Act is converted into an hourly ordinary wage, the calculation of the number of agreed working hours included in the total working hours that serve as the basis for the calculation of hourly ordinary wage should be made by including the number of hours actually agreed to provide labor by the employee, barring special circumstances, and the said number of extended working hours and night work hours should not be added in consideration of the premium rate for the calculation of premium allowances.

In addition, where a collective agreement provides a premium rate for weekly holiday allowances, this is merely the purport of paying weekly holiday allowances by adding a certain rate to the basic weekly holiday allowances when paying weekly holiday allowances. Such a legal principle also applies to this case.

Therefore, it is deemed that a worker has worked on a weekly holiday that should be included in the total number of working hours.