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

The grounds of appeal are examined.

1. The lower court, based on its stated reasoning, determined that the Defendant’s ground of appeal as to the scope of ordinary wages constituted ordinary wages on a regular and uniform basis, with continuous service allowances, food expenses, and bonuses paid to the Plaintiff.

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. The lower court rejected the Plaintiff’s assertion on the ground of incidental appeal regarding the determination of the Plaintiff’s ground of incidental appeal regarding the determination of property at a basic rate on the ground that, with regard to the Plaintiff’s assertion that the daily amount paid between one week is divided by the number of hours calculated by adding the standard working hours between a week and the additional rate, and the total working hours between overtime hours, night hours, and weekly paid leave hours, and that the amount of statutory allowances, such as overtime allowances, should be calculated based on the fixed basic rate, such as overtime allowances, etc., is difficult to be deemed as violating the Minimum Wage Act or the Labor Standards Act.

Examining in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding hourly ordinary wages, contrary to what is alleged in the grounds of appeal.

3. Determination on the Plaintiff’s grounds of incidental appeal as to total working hours for calculation of hourly ordinary wages, and the Defendant’s grounds of appeal

(a) In cases where a fixed allowance paid in the form of a monthly salary or daily wage is converted into an hourly ordinary wage as a wage for agreed working hours in excess of the standard working hours prescribed in the Labor Standards Act, the agreed time for the employee to actually provide labor, unless otherwise specifically provided, in calculating the number of agreed working hours included in the total working hours that serve as the basis for the calculation of hourly ordinary wage;