포괄임금제의 성립 및 유효성 판단기준 - 대상판결① 대법원 2009. 12. 10. 선고 2008다57852 판결 / 대상판결② 대법원 2010. 5. 13. 선고 2008다6052 판결

초록

The Blanket Wage System is the way companies pay fixed wages, including additional pay for overtime, night and holiday work, even without setting basic wages, or pay basic wages along with a fixed amount of additional pay for extended work. The blanket wage contract is wage calculation contract by this blanket wage system. The system has been used in many different forms for a long time in substance and the number of the legal disputes associated with it isn't exactly low. Some examples include : Employees claim that they weren’t paid additional allowances calculated as prescribed by the Labor Standards Act for overtime, night and holiday work or that they should be paid the difference between fixed wage blanketed by each legal allowance and additional allowances calculated as prescribed by the Act. This article studies varying flow on criteria of establishment and judgment on effectiveness for the blanket wage system and analyzes rulings applied and precedents related to the blanket wage system. The first supreme court decision 2008Da57852 decided December 10, 2009 has a signification because it gives criterion to judge establishment and gives shape to establishing requisites for the blanket wage system. The second supreme court decision 2008Da6052 Decided May 13, 2009 also has a signification because it gives obvious criterion to acknowledge effectiveness for the blanket wage system when it is possible to calculate working hours. Existing rulings have fallen short of presenting a unified view on the concept, nature and effect of the blanket wage system. Yet these supreme court decisions can be considered to give criterion clearly to establish requisites and judge effectiveness and suggest apparent criteria on the scope for the system. In addition, it is considered to keep the blanket wage system being overused owing to these obvious criteria given by these supreme court decisions.

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