최저임금법위반등
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal doctrine), when calculating the comparative wage per hour pursuant to the Minimum Wage Act, the comparative wage per hour shall be deemed to include the hours paid outside the prescribed working hours. However, except this, the lower court’s calculation method was erroneous, since the comparative wage per hour was converted, and even according to the calculation method of the lower court, for some workers, the comparative wage per hour in January and February 2016 is less than 6,030 won at the minimum wage per hour in February 2016.
Therefore, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, which affected the conclusion of the judgment, since it rendered a not-guilty verdict on the facts charged.
2. Determination
A. The lower court’s determination, based on the Minimum Wage Act, takes into account only the “regular working hours” determined by an agreement between labor and management within the scope of working hours pursuant to Article 50 of the Labor Standards Act, when calculating the comparable wage per hour pursuant to the said Act, and the said “small working hours” does not include “hours treated as paid outside the fixed working hours.”
It is reasonable to interpret that the comparative wage per hour for the employees of the company of this case is to be converted into the comparable wage per hour, "day wage per hour (=day wage ± 8 hours per day) paid hours per day (i.e., paid treatment allowance including weekly leave allowance ± 40 hours per week) monthly allowance per hour (=(i.e., price eligibility allowance) ± the number of paid hours per week ± the number of paid hours per month and 173.8 and 2015 or the number of paid hours per month in 174.2 and 2016). The case where the defendant calculated the comparative wage per hour by applying the same formula to the workers listed in the attached daily table of crimes, and then the minimum amount of paid hours per week and the minimum amount of paid hours per week does not occur. Therefore, the case where the defendant calculated the comparative wage per hour after calculating the comparative wage for the relevant period is below the minimum amount of paid hours per week.