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【Main Issues and Holdings】
[1] Scope of money and valuables included in “the total amount of wages,” which forms the basis for calculating average wages, and whether money and valuables can be included in average wages, which forms the basis for calculating retirement allowances, should be determined based on the time of the worker’s retirement (affirmative in principle)
[2] Where a worker’s average wage calculated in accordance with the principles set forth in the Labor Standards Act and relevant laws and regulations is significantly higher or lower than usual due to special or accidental circumstances during the period immediately preceding retirement, whether the average wage should be separately calculated using another rational and reasonable method that faithfully reflects a worker’s ordinary living wage (affirmative) and matters to be considered when calculating the retirement allowance of a worker subject to atypical wage systems, such as those where a certain amount is prepaid based on future performance targets and subsequently settled
[3] Method of calculating the retirement allowance for a retired worker who has been paid less than the minimum wage
[4] In a case where Party A, while working at a hair salon operated by Party B and others, received only commissions based on sales, such as prepaid vouchers for hair services, without a base or fixed salary, and whether the “commissions for unperformed services, which Party A should return to Party B and others because Party A did not personally perform the procedures,” should be deducted from the “total commissions based on the sale of prepaid vouchers” received from Party B and others during the final three months when calculating the average wage for the calculation of the retirement allowance of Party A comes into question, the case holding that if the average wage is calculated based on the remaining amount after deducting the commissions for unperformed services from the commissions that Party A received during the three months prior to retirement, it is highly likely to be significantly lower than the ordinary living wage that Party A earned throughout the entire employment period, and thus, the average wage should be calculated using another rational and reasonable method that faithfully reflects a worker’s ordinary living wage
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