The judgment below

The part against the defendant shall be reversed, and that part of the case shall be remanded to the Incheon District Court Panel Division.

The grounds of appeal are examined.

1.(a)

The lower court determined that “the hours of holiday work are also included in weekly overtime work hours, and that overtime work allowances should be paid in addition to holiday work allowances for the portion exceeding 40 hours a week during holiday work hours.”

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 weekly standard work hours and weekly overtime work hours, the premium pay and overtime work hours cannot be paid in duplicate.

(see Supreme Court en banc Decision 2011Da112391 Decided June 21, 2018). C.

Nevertheless, the lower court erred by misapprehending the meaning of “one week” as stipulated in Articles 50 and 53 of the former Labor Standards Act, and the legal doctrine on the payment of respective premium pay based on holiday work and overtime work under Article 56 of the former Labor Standards Act.

The ground of appeal pointing this out is with merit.

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