Whether research expenses for teaching materials are wages or not;

Whether or not the teaching materials research expenses are wages shall be deliberated after whether or not they are the subject of work after reviewing whether or not they are the subject of the mandatory payment of the terms of the contract, which was explicitly implied by the rules of employment, etc. of the relevant remuneration regulations.

Article 18 of the Labor Standards Act, Article 19 of the Labor Standards Act

Attorney Kim Yong-jin, Counsel for the plaintiff-appellant

Korean Electric Power Co., Ltd., Counsel for the business start-up and river area

Seoul High Court Decision 72Na2203 delivered on November 28, 1972

The original judgment is reversed and the case is remanded to the Seoul High Court.

As to the ground of appeal No. 1 by Defendant Attorney

In its reasoning explanation, the original judgment: (a) the Plaintiff worked as a full-time lecturer at the Defendant Company for nine months from December 4, 1961 to April 10, 1971; (b) the Defendant Company received 13,000 won as teaching materials for the last three months prior to retirement; and (c) the Defendant Company would regularly discriminate by class of full-time instructors so far; (d) not only pay certain amount of teaching materials research expenses by issuing a full-time lecturer at the same time; (b) if the assignment of full-time lecturer is changed, it is difficult for the Plaintiff to find that it is difficult for the Defendant Company to pay all kinds of teaching materials and research expenses, including the principal salary and other allowances, and thus, it is difficult for the Defendant Company to determine whether the above teaching materials and research expenses are paid to the employees under the original judgment, and therefore, it is difficult for the Defendant Company to determine whether they are subject to regular wage research with the nature of the average wage as provided for in Article 19 of the Labor Standards Act, but also includes money and other valuables, etc.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.

Justices Yang Sung-hee (Presiding Justice)