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Ordinary wage (Korea)

⚖️ Law By CampusDown Wiki Editorial Team Last updated
Ordinary wage is pay agreed to be given regularly and uniformly for contractual work; it is the base for overtime, night and holiday premiums.
Contents
  1. 1. Overview
  2. 2. Frequently asked questions
  3. 3. References

Overview

Article 6 of the Enforcement Decree of Korea’s Labor Standards Act defines ordinary wage as pay agreed to be given regularly and uniformly for contractual work. It is used for overtime, night and holiday premiums (at least 50% under Art. 56) and pay in lieu of notice. In 2013 the Supreme Court (2012Da89399) required regularity, uniformity and fixedness; in December 2024 (2020Da247190) it abandoned fixedness, so bonuses conditioned on employment on a date can still count, applying prospectively. Average wage (three-month average) is used for severance pay. See also minimum wage.

This article is general information based on Korean statutes and case law, not legal advice. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (132). Check law.go.kr for current law.

Frequently asked questions

Are bonuses included?
If paid regularly and uniformly for contractual work, yes.

References

  1. 「근로기준법」 제2조, 제56조(연장·야간 및 휴일 근로). 국가법령정보센터.
  2. 「근로기준법 시행령」 제6조(통상임금). 국가법령정보센터.
  3. 대법원 2013. 12. 18. 선고 2012다89399 전원합의체 판결.
  4. 대법원 2024. 12. 19. 선고 2020다247190 전원합의체 판결.

Reports and materials that use this theory (Korean)

There are no materials dedicated to this theory yet, but you can search related reports in the CampusDown library (Korean).

Find more reports · Search '통상임금' on CampusDown →
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This article was last updated on October 24, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.