임금에 관한 최근 판결 경향의 검토

Abstract

This paper defines the concept of wages through the latest judgment review.BR First, this article examines the fixedness standard of ordinary wages. Until now, the Supreme Court has determined that regular bonuses with ‘incumbent condition’added are not ordinary wages. This is because it does not meet the fixedness standard of ordinary wages. This paper examines whether there are any problems with these Supreme Court arguments.BR Second, this article examines the concept of “contract workers” and the minimum wage protection measure for platform workers. This paper reviews the definition of contract workers under the Labor Standards Act through recent precedents as well as how to guarantee the minimum wage of workers whose working hours are not predetermined.BR Lastly, this article examines whether performance bonus can be considered average wages. Until now, the Supreme Court has judged that performance bonuses are not average wages. However, the recent lower court ruling has overturned the Supreme Court’s judgement. This paper reviews whether the performance-based bonus provided to workers according to the company’s performance can be considered to be wages under the Labor Standards Act. The Supreme Court has judged performance bonus based on the legal ground of average wage law. This article examines whether there is any problem with such judgement of the Supreme Court.