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【Main Issues and Holdings】
[1] Whether the declaration of intention that may be unfavorable to employees should be strictly interpreted with respect to the claim for wages (affirmative)
[2] Requirements to exclude the application of the provisions on work hours, recess, and holidays stipulated in the Labor Standards Act in accordance with Article 63 Subparag. 3 of the Labor Standards Act and, in such a case, meaning of “an employee engaged in surveillance work”
[3] Standard of determining whether wages, in relation to which whether the payment thereof should be made or how much amount thereof should be paid should be determined based thereon after the evaluation of employees’ work performance, correspond to ordinary wages as fixed wages
[4] Standard of determining whether an agreement on the inclusive wage system was constituted and, in such a case, requirements to recognize that an inclusive wage agreement was constituted by an implied agreement
[5] Requirements for a wage payment contract based on the inclusive wage system to be valid
When concluding a wage payment contract based on the inclusive wage system even though it is not the case where calculating work hours is difficult, where legal allowances included in inclusive wages do not reach legal allowances calculated in accordance with the standards stipulated in the Labor Standards Act, the effect of the part relating to a wage payment contract by the inclusive wage system corresponding thereto (invalid) and, in such a case, whether an employer is liable for the payment of legal allowances falling short of the standards to employees (affirmative)
[6] Where judgments for ordinary wages are subject to the Labor Standard Act, whether the application of the rules of employment or collective agreements to the number of standard hours that becomes the basis of the calculation of an hourly rate of ordinary wages may be allowed (negative)
[7] Whether additional wages arising from holiday work and extended work may be paid doubly (negative)
[8] Whether salary workers may claim the difference in weekly holiday allowances on the grounds of an increase in ordinary wages (negative in principle)
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