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판례법리에 의한 통상임금 판단기준의 경향과 변화

원문정보

A Study on the criteria for calculating the amount of ordinary wages - With Focus on the Supreme Court Ruling -

김소영

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초록

영어

This author has examined the criteria for calculating the amount of ordinary wages and analyzed the difference on the meaning of ordinary wages between the judicial rulings in the past and the Supreme Court Ruling March 29, 2012, 2010da91046. Wages in the Labor Standards Act(LSA) means wages, salaries and any other money and valuable goods an employer pays to a worker for his/her work, regardless of how such payments are termed. Ordinary wages means hourly wages, daily wages, weekly wages, monthly wages, or contract wages which are determined to be paid periodically or in lump sum to a worker for his/her prescribed work or entire work. An employer shall additionally pay the fifty percent or more of the ordinary wages for extended/holiday/night work, and pay dismissal advanced notice allowance and other legal allowance based on ordinary wages. Therefore the classification criteria of individual wage items based on ordinary wages is very important. Especially the debate on whether the periodic bonuses are included in the ordinary wages has been continued in the related judicial rulings and administration interpretation. According to the Supreme Court Ruling March 29, 2012, 2010da91046 the quarterly bonuses on a regular basis is equivalent to the ordinary wages, because it is a wage item which is determined to be paid regularly and uniformly to a worker. This author argued that the current wage system which is dualized into the ordinary wage and average wage should be improved with a classifying criteria in rationality and fairness because it is very ambiguous and difficult to calculate the amount of a worker's ordinary livelihood wages.

목차

판례법리에 의한 통상임금 판단기준의 경향과 변화
  Ⅰ. 문제의 제기
  Ⅱ. 통상임금의 개념과 판단기준
  Ⅲ. 통상임금 판단기준에 관한 판례법리의 경향과 변화
  Ⅳ. 맺음말
  참고문헌
  〈Abstract〉

저자정보

  • 김소영 Kim, Soh-yeong. 충남대학교 법학전문대학원 교수

참고문헌

자료제공 : 네이버학술정보

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