통상임금의 고정성 기준에 관한 재검토

The Supreme Court held that wages of the incumbent condition or the certain number of work-days condition are not included in the normal wages in 2013. But regular bonuses account for a large percentage of the regular salary, and if regular bonuses are excluded from normal wages, the fundamental purpose of the Labor Standards Act, which attempts to limit overtime work to additional wages, may be disrupted. In this article, we will try to resolve the argument about whether regular bonus are included in normal wages if there are incumbent conditions or certain number of work-days conditions. As directions for reviewing the judgment of fixedness, (1) Examining the validity of conditions, (2) Examining normal wages, and (3) Examining the establishment of conditions are presented. As a result of presenting and discussing various issues in each area, we conclude the following conclusions. (1) The incumbent condition and certain number of work-days condition added to regular bonuses are invalid. (2) Even if the regular bonus has such conditions, the regular bonus is recognized as normal wages. (3) If such conditions are not explicitly specified in the regular bonus, the existence of such conditions cannot be recognized. These arguments point out the fact that regular bonuses in Korea are wages in fixed form.