근로기준법령상 임금과 통상임금

초록

Regarding ordinary wages, there was a Supreme Court en banc ruling in 2013. It was expected that this ruling would eliminate the elements of dispute over ordinary wages, but the problem of ordinary wages still persisted. Accordingly, in 2024, there was another Supreme Court en banc ruling on ordinary wages, and the fixedness requirements recognized in 2013 as a requirement for ordinary wages were not recognized. The law changes with the times. The law can function properly only when the content of the law changes according to reality. Otherwise, the law can cause problems. Most people live on wages. Therefore, wages are the most important working conditions for workers. But unlike in the old days, as you can see from the word “work-life” now, family life is also very important. Workers do not like overtime or holiday work. In this situation, workers must compensate for overtime or holiday work, and the standard is ordinary wages. However, our Labor Standards Act defines the concept of ordinary wage and provides regulations that fall short of the current spirit. In other words, uniformity is required to become ordinary wage, which is a rule that is inconsistent with the times. In addition, since workers' labor value is fair wages, if conditional allowances affect workers' labor value, inclusion in ordinary wages properly reflects labor value. Because it is not simple and unclear to judge ordinary wages, there is a lot of potential for legal problems. Therefore, a clear and simple concept of ordinary wages is required. Accordingly, the ordinary wage is an allowance that is given on a regular basis, and I believe that such amendments should be made that can be included in all of the work processes that affect workers' responsibilities, skills, efforts, and conditions as ordinary wages.

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