The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. The ordinary wages as prescribed by the Labor Standards Act in terms of the calculation of premium wages, advance notice of dismissal, annual leave allowances, etc. for overtime, night or holiday work and the minimum amount of average wages means the money and valuables which are regularly and uniformly paid, in return for the prescribed working hours ordinarily provided by the worker;

In order for a certain wage to belong to ordinary wages, it shall have the nature of uniform payment, and uniform payment includes not only the payment to all workers, but also the payment to all workers who meet certain conditions or standards.

Here, “specified condition” should be a fixed condition in light of the concept of ordinary wage to calculate a fixed and average wage.

Furthermore, in order for a certain wage to belong to ordinary wages, it must be paid fixedly.

This refers to “a fixed nature in which it is determined that a worker will be naturally paid for work provided regardless of his/her achievements, achievements, or other additional conditions,” and “fixed wages” refers to the minimum amount of wages that a worker who has worked on an optional day, regardless of the name of the wage, retires from office on the next day even if he/she retires on the next day.

Therefore, if an employee provides contractual work on a voluntary day, regardless of the fulfillment of additional conditions, it can be seen that the amount of payment or the amount determined in advance is fixed.

(See Supreme Court Decision 2009Da74144 Decided January 28, 2010, and Supreme Court en banc Decision 2012Da89399 Decided December 18, 2013, etc.). 2. The lower court acknowledged the facts as indicated in its reasoning based on evidence.