추가 법정수당 청구 시 신의칙(모순행위금지원칙) 적용 여부에 대한 하급심 판결들의 태도와 평가— 대법원 2013. 12. 18. 선고 2012다89399 전원합의체 판결의 올바른 이해를 전제로 —

The Supreme Court, through a ruling of the Supreme Court on December 18. 2012, firstly clarified the standard of determination of ordinary wages which had remained unclear until then, secondly, it confirmed that a regular bonus is included in ordinary wages. Its lower courts are judging whether or not the claim for additional statutory allowance can be recognized on the ground of this judgment. According to the ruling of the Supreme Court, the additional statutory allowance that is based on the violation of mandatory provision can be rejected by ‘three general conditions and four special conditions’ for the principle of good faith; here a reasonable understanding of the special conditions is required. In conclusion, the case of the claim for additional statutory allowance that is based on the violation of mandatory provision shall be a higher level of trust worthy of specifically legal protection as a special condition. In such a case, legal stability and trust protection in the legislation can be maintained. A judgment of the lower court shall be based on this special condition.