A. Notwithstanding the circumstances under the misunderstanding of facts and misapprehension of legal principles, the lower court rendered a not-guilty verdict on each of the following charges, and thus, it erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

A) Regarding the fact that the Defendant is not paid business suspension allowances, the payment of the paid holiday allowances and the payment of the paid holiday allowances during the period of suspension of business ① The instant labor contract delivered by the Defendant to E is indicated as “from December 27, 2017 to January 31, 2018, from April 1, 2018 to May 31, 2018,” and “on-time system” in the form of work, and there was no express agreement between the Defendant and E that the day on which he/she has no sand trading work volume is excluded from the fixed working day.

② On the commencement of sand trading, it is difficult to predict the completion date of the work, as well as the day on which he worked to work for new sand trading, was able to know only before the day before that day, and if he did not work in D due to the short-term work in another company even though he instructed D Co., Ltd. (hereinafter “D”) before the sand trading work, he did not work in D due to the short-term work in another company, he would be liable for damages arising from the violation of the labor contract in this case.

(3) Suspension of business due to the reduction of construction volume by a subcontractor falls under “reasons for the employer’s liability” under Article 46 of the Labor Standards Act, and even if an interim income exists during the period of suspension of business, the amount within the scope of business suspension allowances shall not be deducted from the interim income.

B) Regarding the fact that night work allowances, overtime work allowances, unpaid paid holiday allowances, and unpaid paid holiday allowances for each paid holiday out of the period of suspension, the instant blanket wage agreement is not valid since sand trading work is conducted in D workplace and it is not difficult to calculate the working hours.

② Work hours under the instant work contract are set out from 08:00 to 17:00, and D General AffairsJ’s above work hours are 18.00.