통상임금의 개념과 범위의 법제화와 쟁점

In practice of industrial relation, wages are not necessarily determined and given responding to quantity and quality of labor. So, labor standard law uses notions of ordinary wages and average wages to distinguish between living wages for guaranteeing laborers’s living and standard wages for calculating payment. Based on the theory of oneness wage characteristics that the supreme court adopted, Wages mean money that employers are obliged to pay continually and periodically to laborers for the price of work they have in terms of collective agreement, employment rules, and labor contract, labor practice no matter what title. Among these wages, ordinary wages are proactive wages which are supposed to be given among total wages, and, extra wages, in principle, are not part of ordinary wages. Ordinary wages are price for work and should be fixed which stands for periodicity and uniformity. My opinion conforms to the supreme court decision about ordinary wages in 2013 that ordinary wages need to be fixed and confirmed, not be flexible. I suggest that the legislation for ordinary wages system be legislated to enhance legal clarity, stability, and hereafter suitability. Concerning diversity of determining and building work environment including wages in each business ground, I have a clear opinion that it is necessary to decide wages flexibly in accordance with laborers by having negotiation units autonomously judge and decide rather than making standardized decision and it should be within the fundamental boundaries of law.