통상임금의 개념 및 범위에 관한 판례법리의 평가

초록

This paper deals with the definition and the conceptual elements of ordinary wage. It presents an analysis of the relevant court rulings and examines the legal validity of agreement about range of ordinary wage set by contracting parties. The key issue of ordinary wage is to establish a standard among complex and varied wage components for the wage that functions as baseline when calculating certain wages such as additional pay. Applying a uniform simplified standard is difficult especially for the matter of wage. Because concept regulation and definition regarding wage can gain varieties as interpretation and application of labor law can be easily affected by social, economic and cultural interests. For this reason, the enforcement ordinance of the Labor Standards Act states that ordinary wage is the wage set to be uniformly paid for fixed work hours during certain period(shorter than 1 month) on the regular basis, without specifying concrete types of allowance. This should be considered in developing theories concerning ordinary wage. This paper mainly discuss the definition of ordinary wage and comments court rulings on ordinary wage. It also assesses the agreement between labor and management or the practice in regard of the range of the ordinary wage.

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