일의 대가 ― ‘시간당 소정임금’ 산정가능성과 그 의미 ―

Abstract

Generally when a employee makes extended work, an employer pays additional 50 percent or more of the ordinary wages for the extended work 'in addition to the ordinary wages'. But The article 56(1) of Labor Standard Act does not states 'in addition to the ordinary wages'. This article just states that “An employer shall pay additional 50 percent or more of the ordinary wages for extended work (work during the hours as extended pursuant to Articles 53 and 59 and the proviso of Article 69).” There is no 'in addition to the ordinary wages' in this provision. The purpose of this study is designed to discuss the calculation and legal meaning of what we call “Specifically Agreed Wages”. The term ‘Specifically Agreed Wages’ is for reasonable reward of work. These wages mean the amount calculated by dividing the total amount of wages paid during specifically work hours in agreement. This concept depends on the belief that reward of extended hour work should be the same as one of the specifically work hour. The followings are the characteristics of the term ‘Specifically Agreed Wages’ in comparison of Ordinary wages. First, the standard of determining Specifically Agreed wages is simpler than that of ordinary wages as regards the concept and scope. Secondly, the concept of Specifically Agreed Wages is consistent with the Supreme Court's decision against the theory of wage dichotomy. Thirdly, this concept can restrict the abuse of an employer more efficiently than Ordinary wages.