Earticle

초록

영어

In this year's wage negotiations(bargaining), an ordinary wage has emerged as the hot potato. Recently the Supreme Court ruled that "Regular bonuses can be included in the ordinary wages". After it remanded the case to the High Court, the legal battle over the ordinary wages entered a new phase. Ordinary wages are the basis of the calculation of additional wages, advance-noticed dismissal allowances and an annual paid leave allowances. If regular bonuses are to be included the ordinary wage in the wage negotiations, the wage would be increased very much. After all, it will cause wage rises, heavy financial risks of employers. Moreover, under our nation's wage system that the employer gives employees many various benefits in addition to the basic salary, the ripple effect will be even greater. Employers wouldn't give employees the various allowances that they have given for years, or decrease the benefits. Then, the workers would prefer to work overtime to increase their salary. As a result, the work environment would get worse. So we can't be just happy about that the court has expanded the scope of the ordinary wages. The judgment is checking 'the regularity', 'the equality', and 'the fixedness' which the court considers the judging indicator of the case and it's also emphasizing the ordinary wage concept in an Enforcement Decree of the Labor Standards Act. But that they have been specified in collective agreements as the basis of payment is not the judging indicator of the ordinary wage, but of the wage. That the court rules that the same amount of money should be paid when it says about the equality makes the meaning of equality limited excessively. Also, about the fixedness, the Supreme Court decides that it's okay if the standard of payment calculation is established in collective agreements in advance. However, as the collective agreements are changeable because they can be renewed, it is regarded that the court expands the range of requisites for the fixedness. The Supreme Court remanded the case to the High Court because of the insufficiency, and left the decision to the High Court. In this respect, this judgment has limitations because it doesn't decide whether the regular bonus belongs to ordinary wages or not.

목차

정기상여금의 통상임금 해당성에 대한 연구
  Ⅰ. 문제의 제기
  Ⅱ. 대상판결의 내용과 유의미성
  Ⅲ. 현행법상 임금개념과 임금의 구체적 요건
  Ⅳ. 근로기준법상 통상임금의 규정체계와 통상임금의 요건
  Ⅴ. 상여금의 통상임금해당성 판단에 대한 판례의 분석
  Ⅵ. 마치며
  참고문헌
  〈Abstract〉

키워드

저자

• 김희성 [ Kim, Hee-Sung | 강원대학교 법학전문대학원 교수 ]
• 한광수 [ Han, Gwang-Soo | 한국방송통신대학교 강사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  노동법논총 [The Journal of Labor Law]

• 간기

  연3회

• pISSN

  1229-4314

• 수록기간

  1998~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 336 DDC 363