대법원이 재계와 노동계의 핫이슈인 통상임금과 관련, 노동계측 손을 들어줌에 따라 재계의 반달 등 파장이 예상된다.
대법원 전원합의체(재판장 양승태 대법원장)는 18일 자동차 부품업체인 갑을오토텍 근로자 및 퇴직자들이 회사 측을 상대로 제기한 임금 및 퇴직금 청구 소송 2건에 대한 선고에서 그간 논란이 됐던 통상임금 범위에 대한 판단 기준을 제시했다.
대법원은 정기 상여금의 통상임금 포함 여부에 대해 ”상여금은 근속기간 따라 지급액이 달라지지만, 정기적·일률적으로 지급하면 통상임금에 해당한다“고 판시했다.
대법원은 여름 휴가비와 김장보너스, 선물비 등 각종 복리후생비에 대해서는 ”지급일 기준으로 재직 중인 근로자에게만 지급하면 통상임금에 해당하지 않지만 퇴직자에게도 근무일수에 비례해 지급하는 경우에는 통상임금으로 볼 수 있다“고 밝혔다.
대법원은 또 과거 노사가 상여금 등을 통상임금에서 제외하기로 합의했더라도 이는 근로기준법에 위반돼 무효라는 점을 명확히 했다.
그러나 합의가 무효이더라도 근로자들이 차액을 추가임금으로 청구할 수 있는지여부에 대해서는 ”사용자 측의 예기치 못한 과도한 재정적 지출을 부담토록 해 경영상 어려움을 초래하는 것은 정의와 형평 관념에 비춰 용인할 수 없다“면서 ”소급해서 초과근무수당 차액을 청구할 수는 없다“고 밝혔다.
<관련 영문 기사>
Supreme Court rules bonuses as ordinary pay
By Cho Chung-un
The Supreme Court on Wednesday sided with employees ruling that bonuses, if paid out regularly, constitute part of “ordinary wage” used as basis of calculating the amount of various compensations and severance pay.
The top court said in a landmark ruling that any labor-business agreement that excludes bonuses from ordinary wages will be regarded as invalid. The court, however, didn’t recognize welfare benefits such as vacation bonuses, as ordinary pay.
“Bonuses paid regularly and uniformly are included in ordinary wages,” the court said.
The landmark ruling made by the 13 Supreme Court judges is expected to directly affect all lower courts and add significant financial burden for companies that didn’t include bonuses as ordinary pay so far.
The litigation filed by about 300 employees at a local auto part-maker, centered whether to classify bonuses as part of ordinary pay. Ordinary pay is used as the base to calculate overtime, nighttime and holiday pay and affects the amount offered in severance packages. Bonuses are not currently included in ordinary pay.
As the issue sparked a heated debate in the labor, business and political circles, the top court had decided to make a full-member decision. The top court holds such trials when the cases are important enough to set a precedent for other cases down the road.
Businesses expressed grave concerns immediately after the ruling that it would have a huge impact on the Korean economy and entire nation. “Companies would suffer greatly from intensifying conflicts between the labor and the management and lawsuits (expected to be) followed (by the top court‘s ruling),” the Korea Federation of Small and Medium Business said in a statement.
Labor circles and businesses have been in a war of nerves, striving to win over the public, the court and political parties.
Companies in Korea would have to pay out a combined, additional 38 trillion won ($34.4 billion) if bonuses were to be included in the ordinary wage, undermining their export competitiveness, according to the Korea Chamber of Commerce and Industry, one of the five major business groups here.
Labor unions welcomed the court’s decision.
“We welcome the ruling that included bonuses (as part of ordinary pay), but excluding welfare benefits is perceived as a retreat from the previous ruling,” said Choi Jong-hwan, deputy director of Federation of Korean Trade Unions, one of two major umbrella trade union groups here.
The ruling is likely to urge businesses to improve their pay systems, in consultation with trade unions. Definition of ordinary wages will be drafted in clear terms by the labor and the management in each business unit. The government is also expected to revise relevant laws and enforcement ordinances.
Currently, more than 160 civil cases are being processed. Among those embroiled in such legal dispute is GM Korea.
Daniel Akerson, former chairman and chief executive officer of General Motors, which operates a subsidiary in Korea, raised the issue when he and other American businessmen met with President Park Geun-hye during her U.S. visit in May. As Akerson cited the wage issue as a key barrier to investment in Korea, Park said the Korean government would reassess the wage rule.
(
christory@heraldcorp.com)
