최저임금과 정기상여금 ― 해석론을 중심으로 ―

This paper tries to scrutinize the possibility that the regular bonus could be included of the coverage of the minimum wage. On 18. Dec. 2013, the Supreme Court ruled in detail a standard of judgment on ordinary wages in two of Supreme Court en banc decision about KB AutoTech cases. The conclusion of the decisions has changed its doctrine about the concept of the regular rate of wage. According to the changed doctrine, regular bonus should be treated as the regular rate of wage. But regular bonus is still excluded from the coverage of the minimum wage. In Korea, it could basically explain that regular bonus, calculated by multiplying the fixed rate on the basic wage, is merely paid at regular intervals by being accumulated to correspond to the fixed work schedule. Therefore, regular bonus is paid for contractual working and can not be accepted in the concept of a bonus in the strict sense. That means regular bonus of fixed type payment is a deferred payment wage paid later after accumulating rewards of contractual working for months. So regular bonus of that type is under the principle of regular payment on wages and such a payment system would be invalid because of violation of the Labor Standards Act. In accordance with a principle of the conversion of invalidity, it may be only accepted as a contract to pay regular bonus to the regular monthly payment schedule. This paper tries to scrutinize the possibility that the regular bonus could be included in the coverage of the minimum wage.