The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who operates a cargo transport business by mistake of facts and misapprehension of the legal principles, entered into the instant employment contract with E, etc. using the so-called “Comprehensive Wage System” in which drivers will pay monthly salary based on 18% of monthly sales. At the time, drivers were fully aware of the content of the comprehensive wage system and were engaged in transport business, and some drivers were prepared with a written employment contract; in the case of cargo transport business, it is difficult to verify specific working hours, such as the time of departure and retirement of drivers; the amount of wages calculated and paid pursuant to 18% of monthly sales is difficult to be considered disadvantageous to drivers even if compared to the general wage level in the transport industry; the wage calculation method, such as the instant comprehensive wage system, is a structure that can promote drivers’ desire to work, etc.; thus, the instant employment contract in this case is valid. Accordingly, the Defendant, who paid all the pertinent wages to the relevant cargo driver, does not have any duty to additionally pay E, etc. the instant comprehensive wage system.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly admitted and investigated by the lower court, the instant labor contract between the Defendant, E, etc. was duly concluded.

Since it cannot be deemed that it is valid or valid, it is recognized that the defendant who is an employer did not pay the annual allowance, etc. of this case to E, etc. who is an employee, the above argument by the defendant is without merit

1. The defendant.