복지포인트의 통상임금성 판단에 관한 소고(小考)

• 영문명: Judgment and Evaluation of Whether or not Welfare Points are Ordinary Wage
• 발행기관: 중앙대학교 법학연구원
• 저자명: 최홍기(Choi Hong Ki)
• 간행물 정보: 『법학논문집』法學論文集 第41輯 第3號, 331~360쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.12.30

영문 초록

On Dec 18, 2013, the Korean Supreme Court has set out detailed standards on the previously contested ordinary wage. However after the Supreme Court En banc decision, still there exist arguments about ordinary wage. For example, There are lots of controversies between companies and employee about the ‘Welfare point’ that gave as the part of selective welfare system in public enterprise and public institutions to be included in ordinary wage or not, and as judgements of lower instance and higher instance got differed to cause confusion in the labor market. The fact of approving ‘Welfare point’ as the ordinary wage is the biggest issue about these days controversy related to ordinary wage. In this research, it analyzed ordinary wage related to welfare point in categories and make an assessments about such judicial judgements. To judge about the welfare point’s property as the ordinary wage, it is necessary to interpret the definition of wage according to the Labor standards and regulations about wage strictly and also need to interpret the wage property and ordinary wage property about the aspect of business welfare system rationally. It seems to be the appropriate way of interpreting about ordinary wage system and selective welfare system. This study hope to have rational judging principals through the judgement of the supreme court.

목차

Ⅰ. 들어가며

Ⅱ. 선택적 복지제도와 복지포인트의 의의

Ⅲ. 복지포인트의 통상임금 여부에 대한 판단

Ⅳ. 사법적 판단에 대한 분석 및 평가

Ⅴ. 나오며

참고문헌

Abstract

키워드

복지포인트 통상임금 임금 선택적 복지제도 임금지급원칙 일률성 고정성 Welfare point Ordinary wage Wage Selective welfare system Wage payment principal Uniformity Rigidity