2. B

1. A. The lower court determined that the part of the holiday work hours exceeds 40 hours a week during the holiday work hours should be paid in addition to holiday work allowances.

B. However, given that holiday work hours under the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “former Labor Standards Act”) do not include both weekly standard work hours and weekly overtime work hours, the premium pay for holiday work and overtime work cannot be paid in duplicate (see Supreme Court en banc Decision 2011Da112391, Jun. 21, 2018).

C. Nevertheless, the lower court erred by misapprehending the meaning of “one week” under Articles 50 and 53 of the former Labor Standards Act, and the legal doctrine on the payment of premium pay for holiday work and overtime work under Article 56 of the former Labor Standards Act. The allegation in the grounds of appeal assigning this error is with merit.

2. Therefore, without further proceeding to decide on the remaining grounds of appeal, the part of the judgment below against the defendant is reversed, and that part of the case is remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-il

Chief Justice Lee Dong-won

Justices Park Il-san