근로환경 변화에 따른 통상임금 관련법리의 재구성 -대법원 2007. 4. 12. 선고 2006다81974 판결-
Legal Theory on the Ordinary Wage System in the 21st Century
김재훈
초록
In Korea, Labor Standards Act and Enforcement Decree of the Labor Standards Act have classified the concept of wage into two categories : the Average Wage and the Ordinary Wage. The term 'ordinary wage' means hourly wages, daily wages, weekly wages, monthly wages, or contract wages which are determined to be paid periodically and uniformly to a worker for his/her prescribed labor or whole labor. This term has been used as the computing basis in the calculation of overtime charge etc. With advent of the development and changes of industrial surroundings, the construction and the application of this term have been flexible. The recent judicial precedents have decided on a case that an allowance which had been paid for an excess of month period can be included into ordinary wage. This shows the flexibility on the 'periodical' element in the ordinary wage. And the recent judicial precedents have decided that the 'uniform' element can be made up even in the case where an allowance had been paid for fulfillment of the certain condition or standard. This shows the flexibility on the 'uniform' element in the ordinary wage. This tendency presents a desirably flexible trend which reflects the actual structure and management of wage system in accordance with the changes in the labor surroundings. But the periodical bonus has not included into ordinary wage yet, this should be reformed.