Supreme Court "Conditional bonuses, ordinary wages included...Irrelevant for fixation"

The Supreme Court ruled that conditional regular bonuses paid based on tenure or working conditions for a certain period of time should also be included in ordinary wages.

The Supreme Court's en banc sentenced Hanwha Life Insurance and former and current workers of Hyundai Motor to appeal the lawsuit against the company, saying there is no basis for seeing "fixedness" as a requirement for ordinary wages and that it will discard the fixedness standard.

In the meantime, it has changed the existing precedents that judged the criteria for including various allowances received by workers in ordinary wages based on the concepts of regularity, uniformity, and fixedness.

The Supreme Court explained that if a worker provides a certain amount of work entirely, the wages set to be paid regularly and uniformly in return are ordinary wages.

He added that even for regular bonuses that require more than a certain period of time, if you are a worker who fully provides a certain amount of work, the ordinary wage of that wage is not denied.

However, he added that for legal stability and trust protection, the new law should be applied from the calculation of ordinary wages after the ruling.