The courts of the Republic of Korea, for years, has struggled to find a consistent interpretation of an “Ordinary Wage.” The definition of Ordinary Wage, under Korean Law, was clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013. The calculation of Ordinary Wages is important, since the calculation is utilized to calculate statutory entitlements, and thus has an impact on the aggregate amount of contributions necessary to be paid to employees. For example, accordingContinue reading
Tag: Ordinary wage
Ordinary Wages and the Principle of Good Faith in Korea: How long should the principle be applied to Korean CBAs?
We wrote a post on this blog a few years back entitled: Ordinary Wages Under Korean Law Clarified by Supreme Court: Regular, Uniform & Flat Defined. Our post noted, in part, that: ” . . .the Supreme Court, in a case that I will call the Regular Interval Bonus Case, has delivered a couple of more clear examples, than in the past, of cases that will be considered Ordinary Wages. In the case, the employer was providing a “regular bonus”Continue reading
“Ordinary Wages” Under Korean Labor Law Clarified by the Supreme Court: “Regular, Uniform & Flat” Definition
The definition of “ordinary wage” has been clarified by the Korean Supreme Court in two decisions handed down on December 18, 2013. The cases will have a significant impact on Korean Labor & Employment Law and will, likely, lead to additional litigation. The calculation for an Ordinary Wage is utilized to calculate statutory entitlements, thus, has an impact on the aggregate amount of contributions necessary to be paid to an employee. The issue is one of the most significant issues,Continue reading
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